| In the Matter of Xzavier B. |
| Motion No: M-5027 |
| Slip Opinion No: 2019 NYSlipOp 60766(U) |
| Decided on January 15, 2019 |
| 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 15, 2019
In the Matter of
Xzavier B.,
Xzandria B.,
I-Concious R., and
I-Majestic A.,
Children Under 18 Years of Age
Alleged to be Neglected/Abused Under
Article 10 of the Family Court Act.
- - - - - - - - - - - -
New York City Children's Services, Petitioner-Respondent,Docket Nos. NA-42105-8/16
Lara R.,
Respondent,
Nasheen B.,
Respondent-Appellant.
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Janet E. Sabel, Esq., The Legal
Aid Society, Attorney for the Children.
In the Matter of Xzandria B.Xzavier B. Docket Nos. V-22937-8/17
A Proceeding for Custody/Visitation
Under Article 6 of the Family Court
Act.
---------------------------------------X Appellant father, Nasheen B., having moved for leave to prosecute, as a poor person, the appeal from an order of the Family Court, New York County, entered on or about October 3, 2018, 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 the certification of Yusuf A. El Ashmawy, Esq., dated October 5, 2018, 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, Randall Carmel, Esq., 410 Jericho Turnpike, Suite 302, Jericho, NY 11753, Telephone No. 603-313-1951, 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[FN1] 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 Section 1250.9 of the Practice Rules of the Appellate Division, within 180 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 15, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices
M-5027
Footnote 1:Service of appellant�s brief upon respondent(s) shall include assigned counsel�s copy of the transcript.