Appellate Division: Second Judicial Department

M232420

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-11100, 2017-05148 In the Matter of Jennifer Royster, respondent, v Jeanine Murray, appellant. (Docket Nos. O-292-15, O-292-15/17B)

DECISION & ORDER ON MOTION

Motion by Jeanine Murray for leave to appeal to this Court from an order of the Family Court, Westchester County, dated May 12, 2017, for poor person relief and the assignment of counsel with respect to that appeal, to consolidate that appeal with an appeal from an order of the same court dated September 23, 2016, and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112), and the motion is otherwise granted; and it is further,

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal from the order dated May 12, 2017, and the following named attorney is assigned as counsel to prosecute that appeal:

Carl D. Birman, Esq.

235 Mamaroneck Avenue, Suite 300

White Plains, NY 10605

914-630-4680

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 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 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's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeals is enlarged until August 7, 2017; and it is further,

ORDERED that no further enlargement of time shall be granted.

LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court