Appellate Division: Second Judicial Department

M104220

E/nl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-02413 In the Matter of Oliver Steven Reed, Sr., respondent, v Chalene D. Clemons, appellant. (Index No. V-16038-02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated January 13, 2010, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person.

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

ORDERED that on the court's own motion, the return date of the motion is adjourned until June 9, 2010; and it is further,

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

ORDERED that enforcement of the order dated January 13, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 25, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 25, 2010, the court, on its own motion, may vacate the stay, or the respondent or attorney for the child may move to vacate the stay, on three days notice; and it is further,

ORDERED that the matter is remitted to the Family Court, Westchester County, for an order awarding the respondent visitation with the subject child and directing that the subject child continue weekly therapy, pending hearing and determination of the appeal; 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 on or before July 26, 2010, the stenographer(s) and/or the transcription service(s) is/are required 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, the transcription service(s) shall file one transcript with the clerk of the Family Court and shall furnish one transcript to the appellant's counsel, without charge. The appellant's 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 the filing fee is waived; and it is further,

ORDERED that the appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., BALKIN, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court