Appellate Division: Second Judicial Department

M80837

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-11562, 2008-11637 In the Matter of Elizabeth L. Scott, respondent, v Cedric Scott, appellant. (Docket No. F-13176-06)

DECISION & ORDER ON MOTION

Motion by the appellant to direct his release from the Westchester County Jail pending hearing and determination of appeals from two orders of the Family Court, Westchester County, both dated December 12, 2008, respectively, for leave to prosecute the appeals as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant's release from the Westchester County Jail is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeals 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 children, 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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

David I. Bliven, Esq.

445 Hamilton Avenue - Suite 607

White Plains, New York 10601

(914) 682-1994

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 appeals are taken; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied with leave to renew when the appeal is perfected.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court