Appellate Division: Second Judicial Department

M165224

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2013-09826 In the Matter of Melvin Reyes, appellant, v Deborah Gill, respondent. (Docket No. V-2175-11/11A)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated October 25, 2013, and continue the care and custody of the subject child with him, pending hearing and determination of an appeal therefrom, for poor person relief, and for the assignment of counsel.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order is stayed and the care and custody of the subject child is continued with the appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 30, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 30, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; 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 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 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 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:

Joseph H. Nivin, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, N.Y. 11432

347-642-0376

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before January 29, 2014; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before February 10, 2014.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court