Appellate Division: Second Judicial Department

M220473

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2016-08020 Jeanette Sternberg-Kennedy, respondent, v Douglas Kennedy, appellant. (Index No. 52341/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2016, in effect, to amend so much of a decision and order on motion of this Court dated August 23, 2016, as conditioned a stay of enforcement of stated portions of the order dated July 26, 2016, upon the perfection of the appeal on or before October 24, 2016, 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 the decision and order on motion of this Court dated August 23, 2016, is amended by deleting from the decretal paragraphs thereof the date "October 24, 2016," and substituting therefor the date "December 15, 2016"; 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 children, 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:

Richard L. Herzfeld, Esq.

112 Madison Avenue, 8th Floor

New York, NY 10016

212-818-9019

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.

DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court