Appellate Division: Second Judicial Department

M211684

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2015-06944 In the Matter of Michele Varrone, et al., respondents, v Coy Rucker, et al, appellants. (Docket No. V-5920-14)

DECISION & ORDER ON MOTION

Motion by Coy Rucker for leave to appeal to this Court from an order of the Family Court, Nassau County, dated June 30, 2015, for leave to prosecute his appeal as a poor person, for the assignment of counsel, and to enlarge to the perfect his appeal.

Upon the papers filed in support of the motion and the papers filed 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 respondents, 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 assigned counsel for the appellant Coy Rucker, 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 assigned counsel. Assigned counsel 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 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 the appellant Coy Rucker:

Ngozi Rosaline Asonye, Esq.

121 Church Street

Freeport, NY 11520

516-377-9656

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 appeals are taken; and it is further,

ORDERED that the appellant Coy Rucker shall serve and file his brief on or before June 13, 2016; and it is further,

ORDERED that on the Court's own motion, the respondents and the attorney for the child shall serve and file their respective briefs, if any, on or before July 13, 2016; and it is further,

ORDERED that the appellants shall serve and file their respective reply briefs, if any, on or before July 28, 2016.

LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court