In the Matter of Messiah C. T.

Motion No: M-5883

Slip Opinion No: 2019 NYSlipOp 62185(U)

Decided on February 5, 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.

February 5, 2019

In the Matter of

Messiah C. T.,

A Child Under 18 Years of Age

Pursuant to §384-b of the Social

Services Law of the State of New York.

- - - - - - - - - - - -CONFIDENTIAL

The Children's Village, et al., Petitioners-Respondents,Docket No. B-10204/17

Eusebio C. T.,

Respondent-Appellant.

- - - - - - - - - -

Janet E. Sabel, Esq., The Legal

Aid Society, Juvenile Rights Division,

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 July 24, 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 Robert M. Deadman, Esq., dated September 8, 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, Andrew J. Baer, Esq., 299 Broadway, Suite 1415, New York, NY 10007, Telephone No. 212-233-0318, 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: February 5, 2019

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on February 5, 2019.

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

M-5883

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