Matter of Mercado v Smith
Motion No: 2012-09855
Slip Opinion No: 2014 NY Slip Op 62288(U)
Decided on January 28, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M168475

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2012-09855

In the Matter of Tawanette Mercado, appellant,

v Cheryl Smith, respondent.

(Docket No. V-27008-04/11O)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with certain transcripts on an appeal from an order of the Family Court, Kings County, dated July 16, 2012, and to enlarge the time to perfect the appeal.

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 order on certification of this Court dated January 24, 2013, which granted poor person relief to the appellant is amended to include a direction to the stenographer(s) and/or the transcription service(s) to promptly to make and certify two transcripts of the proceedings which occurred under Family Court Docket No. V-27008-04/06E from the commencement of that proceeding through April 8, 2011, 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 the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 24, 2014.

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court