In the Matter of the Commitment of Guardianship and Custody of Malachi Amare D.

Motion No: M-5753

Slip Opinion No: 2019 NYSlipOp 61343(U)

Decided on January 24, 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 24, 2019

In the Matter of the Commitment of

Guardianship and Custody of

Malachi Amare D., also known as CONFIDENTIAL

Malachi D., Docket No. B-36970/15

A Minor under 18 year of age

Pursuant to §384-b of the Social

Services Law of the State of New York.

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The New York Foundling Hospital,

Petitioner-Respondent,

Zilasia D.,

Respondent-Appellant.

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Israel Appel, Esq.,

Attorney for the Child.

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, New York County, entered on or about September 25, 2018, for assignment of counsel, a free copy of the transcript, and related relief, Now, upon reading and filing the papers with respect to

the motion, and the certification of Joy Fasanya, Esq., dated October 20, 2018, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of

(l) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Andrew J. Baer, Esq., 299

Broadway, Suite 1415, New York, NY 10007 Telephone No.

212-233-0318, for the 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 24, 2019

_____________________ CLERK

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

M-5753

Footnote 1:Service of appellant�s brief upon respondent(s) shall include assigned counsel�s copy of the transcript.