Appellate Division: Second Judicial Department

M131961

E/mv

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-09857 In the Matter of Richard Moreno, appellant, v Ellen M. Altier, respondent. (Docket No. V-9683/11)

DECISION & ORDER ON MOTION

Motion by Richard Moreno, inter alia, for leave to appeal to this Court from an order of the Family Court, Kings County, dated October 4, 2011, for poor person relief, for the assignment of counsel, to enlarge the time to perfect the appeal, and to "[p]lac[e] the appeal on the expedited appeal list."

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

ORDERED that the branches of the motion which are for leave to appeal to this Court from the order dated October 4, 2011, for poor person relief, and for the assignment of counsel are 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 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 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 appellant's counsel, 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Rhonda R. Weir, Esq.

26 Court Street - Suite 1503

Brooklyn, N.Y. 11242

347-328-2680

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; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal and to "[p]lac[e] the appeal on the expedited appeal list" are granted to the extent that the matter is assigned to the active management program and referred for the issuance of a scheduling order (see 22 NYCRR 670.4[a]); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court