Appellate Division: Second Judicial Department

M239431

E/afa/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ANGELA G. IANNACCI, JJ.

2017-09822, 2017-09823 In the Matter of Eliyahu C. Poltorak, respondent, v Bella Poltorak, appellant. (Docket Nos. V-12527-17, V-12526-17, V-12525-17)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from two orders of the Family Court, Kings County, dated September 19, 2017, and September 20, 2017, respectively, to stay enforcement of the order dated September 19, 2017, as well as stated portions of the order dated September 20, 2017, pending hearing and determination of the appeals, for poor person relief, and to consolidate the appeals. Separate motion by the respondent, inter alia, to impose a sanction upon the appellant, and for poor person relief. Separate motion by the appellant pursuant to Judiciary Law §§ 750 and 753 to hold the respondent in contempt for violating a temporary retraining order contained in an order to show cause of this Court dated September 25, 2017.

Upon the papers filed in support of the appellant's motion, inter alia, for leave to appeal and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in support of the appellant's motion pursuant to Judiciary Law §§ 750 and 753, and the papers filed in opposition and/or in relation to those motions, thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from the orders dated September 19, 2017, and September 20, 2017, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated September 19, 2017, as well as stated portions of the order dated September 20, 2017, is granted, and enforcement of the order dated September 19, 2017, as well as so much of the order dated September 20, 2017, as granted temporary custody of the child Menachem M. P. to the respondent and directed that Menachem M. P. shall spend all religious holidays with the respondent until his Bar Mitvah or a final order of custody are stayed pending hearing and determination of the appeals or issuance of a dispositional order in the above-entitled proceedings, whichever occurs first; and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted; 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 attorneys 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, New York Legal Assistance Group, 7 Hanover Square, 18th Floor, New York, NY 10004, (212)613-5086, 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 appellant's counsel. The appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorneys for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the appellant's counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion pursuant to Judiciary Law §§ 750 and 753 is denied, without prejudice to renewal upon proper papers in accordance with Judiciary Law § 756.

BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court