Appellate Division: Second Judicial Department

M167115

V/

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08481 In the Matter of Eliverta Fifo, petitioner-appellant, v Ismail Fifo, respondent; Joni Fifo, et al., nonparty- appellants. (Docket No. O-9277-12)

DECISION & ORDER ON MOTION

Motion by the appellant Eliverta Fifo for leave to prosecute an appeal from an order of the Family Court, Kings County, dated July 29, 2013, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is 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, 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 filing fee is waived; 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 counsel for Eliverta Fifo, 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 counsel for Eliverta Fifo. Counsel for Eliverta Fifo is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel for Eliverta Fifo serves the appellant's brief upon those parties; and it is further,

ORDERED that counsel for Eliverta Fifo shall prosecute the appeal expeditiously in accordance with 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 counsel for Eliverta Fifo 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; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, counsel for Eliverta Fifo 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 proceedings to be transcribed for the appeal; 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 this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Eliverta Fifo; and it is further,

ORDERED that if none of the 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 appeal to show cause why the appeal of Eliverta Fifo should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.