In the Matter of Jonathan Rafael F. C.

Motion No: M-5740

Slip Opinion No: 2019 NYSlipOp 63100(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

Jonathan Rafael F.- C.,

A Child Under 18 Years of Age

Alleged to be Neglected/Abused Under

Article 10 of the Family Court Act.

v

CONFIDENTIAL

- - - - - - - - - - - - - -Administration for Children's Docket No. NA-28016/16

Services,

Petitioner-Respondent,

Virgilio David O.,

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 orders of Family Court, Bronx County, entered on or about November 28, 2017, December 19, 2017, March 26, 2018, and August 23, 2018 respectively, 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 Lisa M. Licata, Esq., dated November 10, 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, P.C., C/O Bachner & Associates, 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.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-5740

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