Appellate Division: Second Judicial Department

M147455

E/sl

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-09985 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket Nos. V-16300-1-10/10A, V-16300-1-10/11C, V-16300-1-10/11E, V-16300-1-10/11G, V-16300-1-10/11H, V-16300-1-10/11J, V-16300-1-10/12O, V-16384-5-10/10A, V-16384-5-10/10B, V-16384-5-10/10C, V-16384-5-10/10D, V-16384-5-10/11F, V-16384-5-10/11H, V-16384-5-10/11I, V-16384-5-10/11K, V-16384-5-10/11L, V-16384-5-10/11N) 2012-09986 In the Matter of Daniel A. Costigan, respondent, v Elizabeth A. Renner, appellant. Docket Nos. 10300-10/10A, V-10301-10/10A)

DECISION & ORDER ON MOTION

Motion by Elizabeth A. Renner for leave to appeal to this Court from two orders of the Family Court, Kings County, dated September 28, 2012, and October 2, 2012, respectively, to stay enforcement of the orders pending hearing and determination of the appeals, for poor person relief, and 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 branch of the motion which is for leave to appeal is denied as unnecessary as the orders are appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals 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 children, 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 motion is otherwise denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court