Appellate Division: Second Judicial Department

M185000

E/mv

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-11258 In the Matter of Matthew Sims, respondent, v Teshia Boykin, appellant. (Docket No. V-9713-14)

DECISION & ORDER ON MOTION

Motion by Teshia Boykin for leave to appeal to this Court from an order of the Family Court, Kings County, dated December 8, 2014, to stay enforcement of an order of the same court dated November 10, 2014, pending hearing and determination of the appeal from the order dated December 8, 2014, for leave to prosecute the appeal as a poor person, 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 branch of the motion which is for leave to appeal is denied as unnecessary as the order dated December 8, 2014, is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated November 10, 2014, pending hearing and determination of the appeal from the order dated December 8, 2014, is granted, and enforcement of the order dated November 10, 2014, is stayed pending hearing and determination of the appeal from the order dated December 8, 2014, on condition that the appeal is perfected on or before March 2, 2015; and it is further,

ORDERED that the appellant shall have physical custody of the subject child and the respondent shall have visitation with the subject child on alternate weekends from Friday at 6:00 P.M. until Sunday at 6:00 P.M., with the respondent's visitation commencing on Friday, January 2, 2015, during the period of time that the stay is in effect; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 2, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the child may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; 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 child, 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:

Larry S. Bachner, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, N.Y. 11432

917-378-0176

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., DICKERSON, ROMAN and COHEN, 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.