Appellate Division: Second Judicial Department

M249790

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-06061 In the Matter of Laquanda Parris, respondent, v Isaac Wright, appellant. (Docket Nos. V-156-14, V-158-14, V-159-14)

DECISION & ORDER ON MOTION

Motion by the attorney for the children to be furnished with additional transcripts on an appeal from an order of the Supreme Court, Westchester County (IDV Part), dated April 4, 2017, and, in effect, to hold the appeal in abeyance pending receipt of the transcripts.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be furnished with additional transcripts is granted to the extent that the order on certification of this Court dated July 12, 2017, which granted poor person relief on the appeal, is amended to include a direction to the stenographer(s) and/or the transcription service(s) to certify and file two copies of the minutes of the proceedings which occurred on December 16, 2014, August 25, 2015, and October 14, 2016, under Docket Nos. V-156-14, V-158-14, V-159-14, if they are available within 45 days of the date of this decision and order on motion; and it is further,

ORDERED that the transcript of the proceedings which occurred on August 25, 2015, shall be filed with the clerk of the trial court under seal and the clerk of the trial court shall file one certified transcript of those proceedings under seal with the Clerk of this Court, without charge, for in camera review by the Justices assigned to hear the appeal; and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of the transcript of each of the proceedings which occurred on December 16, 2014, and October 14, 2016, to the attorney for the children, Stephen Kolnik, 20 Colin Street, Yonkers, NY 10701, 914-659-2173, without charge; the attorney for the children is directed to turn over those transcripts to the appellant's counsel when he serves a brief on the appellant's counsel; and it is further,

ORDERED that the attorney for the children is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending receipt of the transcripts is granted to the extent that the time for the attorney for the children to serve and file a brief is enlarged until 30 days after receipt of the transcripts; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court