Appellate Division: Second Judicial Department

M116430

V/

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

ROBERT J. MILLER, JJ.

2011-00108 Doreen Moore, respondent, v Harold Moore, etc., appellant. (Index No. 203700/04)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered December 14, 2010, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 appellant's and the respondent's briefs; 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 of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Steven Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, N.Y. 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.

ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court