Appellate Division: Second Judicial Department

M226161

E/ct

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-01245 In the Matter of Alejandro V. P. (Anonymous), appellant, v Floylan V. D. (Anonymous), et al., respondents. (Docket No. G-9552-16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated January 19, 2017, as a poor person, and for a preference to enable the appeal to be heard and determined on or before March 9, 2017.

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 branch of the motion which is for leave to prosecute the appeal as a poor person is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's brief, who is directed to file nine copies of his brief (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 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; 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; and it is further,

ORDERED that the branch of the motion which is for a preference is granted to the extent that the appeal will be calendared expeditiously after the appellant has served and filed a brief and that branch of the motion is otherwise denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant shall serve and file a brief on the appeal on or before March 3, 2017.

ENG, P.J., COHEN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.