Appellate Division: Second Judicial Department

M97731

S/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-11046 Roger W. Clarke, respondent-appellant, v Tammy Boertlein, appellant-respondent. (Index No. 16420-09)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to prosecute an appeal from an amended order of the Supreme Court, Suffolk County, dated October 30, 2009, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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-respondent, respondent-appellant, and the attorney for the child; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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 Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the counsel for Tammy Boertlein, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme 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 appeal, including the attorney for the child, if any, when counsel serves the appellant-respondent's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act §§ 262 and § 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Tammy Boertlein:

Arza Rayches Feldman, Esq.

626 Reckson Plaza

West Tower, 6th Floor

Uniondale, New York 11556

(516) 522-2828

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; and it is further,

ORDERED that the appeal is referred to the Clerk of the court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a).

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court