In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. Dawn S.

Motion No: M-6645

Slip Opinion No: 2019 NYSlipOp 63381(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 a Proceeding for

Custody/Visitation Under Article 6

of the Family Court Act.

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

Dawn S., Petitioner-Appellant, Docket Nos. V-510-13

V-510-13/15A

v V-510-13/16B

V-19184-13/16A

Michael L. Y., V-32171-13/16A

Respondent-Respondent.

- - - - - - - - - - - - -

Carmen Restivo, Esq.,

Attorney for the Children.

In the Matter of a Proceeding for

Custody/Visitation Under Article 6

of the Family Court Act. - - - - - - - - - - - -

Michael L. Y.,CONFIDENTIAL Petitioner-Appellant, Docket Nos. V-19184-13 V-32171-13 v

Dawn S., Respondent-Respondent. - - - - - - - - - - - - -

Carmen Restivo, Esq.,

Attorney for the Children.

-----------------------------------X Petitioner-appellant/respondent-respondent mother, Dawn S., having moved for leave to prosecute, as a poor person, an appeal taken from an order of the Family Court, New York County, entered on or about May 24, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, and for leave to respond to the appeal taken by father, respondent-respondent/ petitioner-appellant, Michael L. Y., from the same order,Now, upon reading and filing the papers with respect to

the motion, and the certification of Jo Ann Douglas, Esq., dated December 19, 2018, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of (1) assigning, pursuant to §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 taken by petitioner-appellant mother, Dawn S., and responding to the appeal taken by petitioner-appellant father, Michael L. Y.; (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 petitioner-appellant mother 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) petitioner-appellant mother 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-6645