Appellate Division: Second Judicial Department

M122747

/ct

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

On the Court's own motion, it is

ORDERED that its decision and order on motion dated March 4, 2011, as amended March 11, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 the 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 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(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; 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 appellant's counsel, 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 file copies of said transcripts with this Court when counsel serves the appellant's brief upon the respondent; and it is further,

ORDERED that pursuant to Judiciary Law § 35 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