In the Matter of Destiny Marie M.

Motion No: M-3881

Slip Opinion No: 2017 NYSlipOp 83470(U)

Decided on August 22, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

August 22, 2017

In the Matter of

Destiny Marie M.,

A Dependent Child Under 18 Years of

Age Pursuant to §384-b of the Social

Services Law of the State of New York

and/or Article 6 of the Family Court

Act.

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Cardinal McCloskey Services, CONFIDENTIAL

et al., Petitioners-Respondents,Docket No. B-42928/13

Phillip F.,

Respondent-Appellant.

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Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Child.

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from an order of the Family Court, New York County, entered on or about June 16, 2017, and for assignment of counsel, a free copy of the transcript, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Randall S. Carmel, Esq., 410 Jericho Turnpike, Suite #302, Jericho, NY 11753, Telephone No.

516-921-8800, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the

record on appeal, the cost thereof to be charged against the City of New York from funds available therefor within 30 days (FCA 1121[7]) of service of a copy of this order upon the Clerk; (3) permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court. The Clerk of the Family Court shall transfer the record upon receipt of this order; and (4) appellant is directed to perfect this appeal, in compliance with Rule 600.11 of the Rules of this Court, within 60 days of receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. ENTERED: August 22, 2017

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices

M-3881