Appellate Division: Second Judicial Department

M77311

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-07111 In the Matter of Samuel Sloan, appellant, v Dayawathie Rankoth, respondent. (Docket Nos. V-05631-06, V-056232-06, V-11657-05)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned by the Family Court, Queens County, for the assignment of counsel to prosecute an appeal from an order of the Family Court, Queens County, dated July 3, 2008, for poor person relief, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to relieve counsel assigned by the Family Court, Queens County, is granted, Janet L. Brown, 89-31 161st Street, Jamaica, New York, is relieved, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel to prosecute the appeal is granted, and pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Dawn Shammas, Esq.

89-31 161st Street, Ste 810

Jamaica, New York 11432

(917) 609-2975

and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary.

SKELOS, J.P., RITTER, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court