Appellate Division: Second Judicial Department

M98914

E/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-07433 In the Matter of Sharlene Wallace, appellant, v Korey Johnson, respondent; Diane B. Groom, nonparty-appellant. (Docket No. V-10282-03)

DECISION & ORDER ON MOTION

Motion by the attorney for the child on an appeal from an order of the Family Court, Suffolk County, dated June 30, 2009, inter alia, to amend the caption and to be provided with free transcripts. Separate motion by Sharlene Wallace to recall and vacate so much of a decision and order on motion of this court dated December 31, 2009, as dismissed her appeal, to reinstate her appeal, for leave to prosecute her appeal 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 thereto, it is

ORDERED that the branch of the motion of the attorney for the child which is to be provided with free transcripts is granted; 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 attorney for the child, 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 attorney for the child. The attorney for the child is directed to provide copies of said transcripts to all of the other parties to the appeals when counsel serves a brief upon those parties; and it is further,

ORDERED that the attorney for the child is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the motion by the attorney for the child is otherwise denied; and it is further,

ORDERED that the branches of Sharlene Wallace's motion which are to recall and vacate so much of the decision and order on motion dated December 31, 2009, as dismissed her appeal and to reinstate her appeal are granted, and that portion of the order is recalled and vacated, and the appeal by Sharlene Wallace is reinstated; and it is further,

ORDERED that the branches of Sharlene Wallace's motion which are for leave to prosecute her appeal as a poor person, and for the assignment of counsel are denied with leave to renew on or before March 19, 2010, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

COVELLO, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court