In the Matter of a Neglect Proceeding Under Article 10 of the Family Court Act. Justin E.

Motion No: M-6387

Slip Opinion No: 2018 NYSlipOp 61570(U)

Decided on January 23, 2018

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.

January 23, 2018

In the Matter of a Neglect Proceeding

Under Article 10 of the Family Court Act.

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Justin E., Kennya F., Docket Nos. NN-47741/16

NN-47742/16

Children under Eighteen Years of Age

Alleged to be Neglected.

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Administration for Children's Services,

Petitioner-Respondent,

Maria E.,

Respondent,

Jose N-R.,

Respondent-Appellant.

Respondent-appellant Jose N-R., having moved for leave to prosecute, as a poor person, the appeal taken from two separate orders of the Family Court, New York County, both entered on or about September 8, 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, Neal D. Futerfas, 50 Main Street, Suite #1000, White Plains, New York 10606, Telephone No. 914-552-6076, 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: January 23, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-6387