In the Matter of Miracle Seven H.

Motion No: M-5173

Slip Opinion No: 2019 NYSlipOp 63098(U)

Decided on February 14, 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 14, 2019

In the Matter of

Miracle Seven H.,

Gladys Beautiful H.,

Children Under 18 Years of Age Alleged CONFIDENTIAL

to be Abused and/or Neglected Under Article 10 of the Family Court Act. Docket Nos. NN-2653-17

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The Administration for Children's

Services,

Petitioner-Respondent,

Serrice H.,

Respondent-Appellant.

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Janet E. Sabel, Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Children.

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 August 15, 2018, which suspended respondent's visitation with the subject children, 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 Wendy I. Luger, Esq., dated October 12, 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, Larry S. Bachner, Esq., P.C., c/o Bachner & Associates, P.C., 39 Broadway, Suite 1610, New York, New York, 10006, Telephone No. 917-674-9516, 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. (See M-5174, dated February 21, 2019, released simultaneously herewith.)ENTERED: February 14, 2019

_____________________ CLERK

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

M-5173

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