Appellate Division: Second Judicial Department

M160359

J/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-06858 In the Matter of Charles Connolly, petitioner- respondent, v Kim Walsh, respondent-appellant; Dillon Connolly, nonparty-appellant. (Docket No. V-00303/12/12B)

DECISION & ORDER ON MOTION

Motion by Dillon Connolly, inter alia, to stay enforcement of an order of the Supreme Court, Kings County (IDV Part), dated July 2, 2013, pending hearing and determination of appeals therefrom. Separate motion by Kim Walsh to stay enforcement of the order, for leave to prosecute her appeal as a poor person, and for the assignment of counsel. Separate motion by Kim Walsh for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 to stay enforcement of the order dated July 2, 2013, are granted and enforcement of the order is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the motion by Dillon Connolly is otherwise denied; and it is further,

ORDERED that the branches of the motion by Kim Walsh which are for leave to prosecute her appeal as a poor person and for the assignment of counsel, and the motion by Kim Walsh for that relief are 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 appellants and the 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, except for those minutes previously transcribed and certified (22 NYCRR 671.9); 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 assigned counsel for Kim Walsh, 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 assigned counsel for Kim Walsh. Assigned counsel for Kim Walsh is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves a brief of 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 by Kim Walsh:

Mark Diamond, Esq.

Box 287356, Yorkville Station

New York, New York 10128

917-660-8758

and it is further,

ORDERED that assigned counsel for Kim Walsh shall prosecute her appeal expeditiously in accordance with the foregoing provision and 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 assigned counsel for Kim Walsh is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court