In the Matter of Commitment of Guardianship and Custody of Kevin X. Dependent Child Under 18 Years of Age Pursuant to 384b of the SocialServices Law of the State of New York

Motion No: M-5942

Slip Opinion No: 2019 NYSlipOp 63380(U)

Decided on February 19, 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 19, 2019

In the Matter of Commitment of

Guardianship and Custody of

Kevin X.

Dependent Child Under 18 Years of CONFIDENTIAL

Age Pursuant to §384-b of the SocialServices Law of the State of New York,Docket No. B-3854-17

and/or Article 6 of the Family Court Act.

v

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Catholic Guardian Services and the

Commissioner of the Administration for

Children's Services of the City of

New York,

Petitioners-Respondents,

Jin X.,

Respondent-Appellant,

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Janet E. Sabel, Esq., The Legal Aid

Society, Juvenile Rights Division,

Attorney for the Child.

Respondent-appellant father, Jin X., having moved for leave to prosecute, as a poor person, the appeal taken from an order the Family Court, New York County, entered on or about September 5, 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 Jennifer Feinberg, Esq., dated October 9, 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 S. Carmel, Esq., 410

Jericho Turnpike - Suite 302, Jericho, New York 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 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 19, 2019

_____________________ CLERK

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

M-5942