| In the Matter of Michael P. |
| Motion No: M-5373 |
| Slip Opinion No: 2017 NYSlipOp 92829(U) |
| Decided on November 21, 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. |
November 21, 2017
In the Matter of
Michael P., also known as
Michael S. P., Jr.,
A 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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Edwin Gould Services for Children andFamilies, et al., Petitioners-Respondents,Docket No. B-36955/15
Michael P.,
Respondent-Appellant.
v
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Seymour W. James, Jr., Esq., The Legal
Aid Society, Juvenile Rights Division,
Attorney for the Child.
Petitioner-respondent agency, Edwin Gould Services for Children and Families, having moved for dismissal of the appeals taken from the order of the Family Court, New York County, entered on or about June 9, 2016 (M-5047),And respondent-appellant having cross-moved for leave to prosecute the appeal as a poor person, for assignment of counsel, a free copy of the transcript, and for related relief (M-5373), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that the cross-motion is granted to the extent of
(1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Richard L. Herzfeld, Esq., 112
Madison Avenue, 8th Floor, New York, NY 10016, Telephone No. 212-818-9019, 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, and it is further, Ordered that the motion to dismiss the appeal is denied, without prejudice to renewal upon submission of proof of service upon counsel appointed by this order within 10 days after the date of entry hereof. ENTERED: November 21, 2017
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Peter Tom Troy K. Webber Ellen Gesmer Anil C. Singh,Justices
M-5373
M-5047