In the Matter of the Guardianship of the Person and Custody of Malachi Omari B.

Motion No: M-6642

Slip Opinion No: 2019 NYSlipOp 65031(U)

Decided on March 12, 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.

March 12, 2019

In the Matter of the Guardianship

of the Person and Custody of

CONFIDENTIAL

Malachi Omari B., Docket No. B-2376-17

A Child Under 18 Years of Age Pursuant

to §384-b of the Social Services Law

of the State of New York.

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The Children's Aid Society,

Petitioner-Respondent,

Keneta Kaneen B.,

Respondent-Appellant.

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Michael Moorman, Esq., Lawyers for

Children, 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 December 19, 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 Jay A. Maller, Esq., dated December 24, 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 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^[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: March 12, 2019

_____________________ CLERK

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

M-6642

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