Appellate Division: Second Judicial Department

M114865

E/sl

JOSEPH COVELLO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-00022, 2011-00023 In the Matter of Felix O. (Anonymous), petitioner- respondent v Janette M. (Anonymous), et al., respondents-appellants; Helen Singh, nonparty-appellant. (Docket No. P-2420/04)

DECISION & ORDER ON MOTION

Motion by Janette M. for leave to appeal to this Court from a decision and an order of the Supreme Court, Kings County, both dated December 22, 2010, to stay enforcement of the decision and the order pending hearing and determination of the appeals, and for poor person relief. Separate motions by Herbert M. and the attorney for the child for leave to appeal to this Court from the decision and the order, and to stay enforcement of the decision and the order pending hearing and determination of the appeals.

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

ORDERED that the branches of the motions which are for leave to appeal from the order (Appellate Division Docket No. 2011-00022) are granted; and it is further,

ORDERED that the branches of the motions which are to stay enforcement of the order are granted, and enforcement of the order is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 4, 2011; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 4, 2011, the Court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motions which are for leave to appeal from the decision (Appellate Division Docket No. 2011-00023) and to stay enforcement of the decision are denied; and it is further,

ORDERED that the branch of the motion of Janette M. which is for poor person relief is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the respondents-appellants, the nonparty-appellant, and the petitioner-respondent. 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 counsel for Janette M. 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 counsel for Janette M. Counsel for Janette M. is directed to provide copies of said transcripts to counsel for the petitioner-respondent, when counsel serves a brief upon those parties; and it is further,

ORDERED that counsel shall prosecute the appeals 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 counsel for Janette M. is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court