Appellate Division: Second Judicial Department

M229439

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-08020, 2017-01481 Jeanette S.-K. (Anonymous), respondent, v Douglas K. (Anonymous), appellant. (Index No. 52341/14)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County (IDV Part), dated July 26, 2016, and dated February 1, 2017, respectively, inter alia, to stay of enforcement of so much of the order dated February 1, 2017, as granted the respondent permission to relocate with the subject children within 30 miles of New York City pending hearing and determination of the appeal from that order, and for poor person relief and the assignment of counsel with respect to the appeal from the order dated February 1, 2017.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated July 26, 2016, is dismissed, without costs or disbursements, on the ground that it was superseded by the order dated February 1, 2017; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated February 1, 2017, is treated as an application for leave to appeal from so much of that order as granted the respondent permission to relocate with the subject children within 30 miles of New York City, and leave to appeal is granted; and it is further,

ORDERED that the branches of the motion which are to stay of enforcement of so much of the order dated February 1, 2017, as granted the respondent permission to relocate with the subject children within 30 miles of New York City pending hearing and determination of the appeal from that order, and for poor person relief and the assignment of counsel with respect to the appeal from that order are granted, and the motion is otherwise denied as academic; and it is further,

ORDERED that the appeal from the order dated February 1, 2017, 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, 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 from the order dated February 1, 2017:

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 Supreme Court, Kings County (IDV Part).

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

ENTER:

Aprilanne Agostino

Clerk of the Court