Appellate Division: Second Judicial Department

M92683

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-05394 In the Matter of Moises Mera, appellant, v Gloria Rodriguez, respondent. (Docket No. F-06822-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated May 20, 2009, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of Helene Figdon Greenberg as counsel to prosecute the appeal.

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 stay enforcement of the order dated May 20, 2009, is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of Helene Figdon Greenberg as counsel to prosecute the appeal are 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Helene Figdon Greenberg, Esq.

45 Knollwood Road - Fifth Floor

Elmsford, New York 10523

(914) 347-1250

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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.

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court