Appellate Division: Second Judicial Department

M93207

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-04325 In the Matter of Orange County Department of Social Services on behalf of Doris Zieran, respondent, v Mark Marvin, appellant. (Docket No. F-02186-00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated April 17, 2009, as a poor person.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the filing fee is waived; 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 Clerk of this court, 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 Clerk of this court. The Clerk of this court, or his assignee, shall deliver a copy of said transcript to the appellant, and the appellant shall return the transcript to this court when the appellant files a brief; the Clerk of this court, or his assignee, shall provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when the appellant serves a brief upon those parties; and it is further,

ORDERED that the appellant 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 the Clerk of the court, or his designee, shall serve a copy of this order upon the Clerk of the court from which the appeal is taken and shall subpoena the original papers constituting the court file from the Family Court, Orange County.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court