In the Matter of the Custody and Guardianship of Macin Angel D.

Motion No: M-3875

Slip Opinion No: 2017 NYSlipOp 85473(U)

Decided on September 12, 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.

September 12, 2017

In the Matter of the Custody and

Guardianship of

Macin Angel D., CONFIDENTIAL

also known as Macin D., Docket No. B-408/16

A Dependent Child Under 18 Years of

Age Pursuant to §384-b of the Social

Services Law of the State of New York.

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Sheltering Arms Children and Family

Services,

Petitioner-Respondent,

Miguel A. D., Jr., also known as

Miguel D.,

Respondent-Appellant,

Cinnamon Nyree P., also known as

Cinnamon P.,

Respondent-Appellant.

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Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Child.

Respondent-appellant father having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, Bronx County, entered on or about June 9, 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, Larry S. Bachner, P.C., C/O Bachner & Associates, P.C., 39 Broadway, Suite #1610, New York, NY 10006, Telephone No. (917) 674-9516, 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: September 12, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3875