Appellate Division: Second Judicial Department

M81139

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-08766, 2008-08767 In the Matter of Ronald Legette, respondent, v Nadine Legette, appellant. (Docket No. V-2391-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Family Court, Suffolk County, both dated July 22, 2008, to stay enforcement of the orders and for leave to prosecute the appeals as a poor person. Separate motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person and the motion 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 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Darren M. Shapiro, Esq.

105 Maxess Road, Suite 124

Melville, New York 11747

(631) 882-3140

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.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court