Matter of Charles v Moore
Motion No: 2009-03567
Slip Opinion No: 2009 NY Slip Op 72374(U)
Decided on May 13, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86575

E/cb

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-03567, 2009-03568

In the Matter of Shawanna Charles,

petitioner-appellant, v Frederick Moore,

respondent; Alexandra Cira, nonparty-

appellant.

(Docket No. V-6466/09)

DECISION & ORDER ON MOTION

Motion by Shawanna Charles on appeals from two orders of the Family Court, Kings County, dated April 16, 2009, to stay the transfer of care and custody of the subject child to the respondent pending hearing and determination of the appeals and for leave to prosecute her appeals as a poor person and the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay the transfer of care and custody of the subject child is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute Shawanna Charles's appeals as a poor person and the assignment of counsel is denied with leave to renew on or before June 9, 2009, upon proper papers, including her affidavit setting forth her full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court