In the Matter of Daniel P.

Motion No: M-3049A

Slip Opinion No: 2019 NYSlipOp 66207(U)

Decided on March 26, 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 26, 2019

In the Matter of

Daniel P.,

A Child Under 18 Years of Age Alleged CONFIDENTIAL

to be Neglected Under Article 10 of the Family Court Act. Docket No. NN-473/17

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Administration for Children's

Services,

Petitioner-Respondent,

Noheme R. P.,

Respondent-Appellant.

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Jessica Brown, Esq.,

Attorney for the Child.

An appeal having been taken from orders of the Family Court, Bronx County, entered on or about December, 20, 2017 (on default) and May 3, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, And an order of this Court having been entered on August 30, 2018 (M-3049), granting poor person relief and assigning Rachel Ambats, Esq., as counsel for purposes of prosecuting the aforesaid appeal on behalf of respondent-appellant, Now, upon the Court's own motion, it is Ordered that the designation of Rachel Ambats, Esq.,

as counsel for the respondent-appellant for purposes of prosecuting the aforesaid appeal, is stricken and, pursuant to Section 722 of the County Law, Andrew J. Baer, Esq., 299 Broadway, Suite 1415, New York, New York 10007, Tel. No. 212-233-0318, is substituted as such counsel.The Clerk of said Family Court is directed 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. Appellant is permitted 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. Appellant is directed to perfect this appeal, in compliance with 22 NYCRR 1240.9, within 60 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. The order of this Court entered on August 30, 2018 (M-3250), is hereby recalled and vacated. ENTERED: March 26, 2019

_____________________ CLERK

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

M-3049A

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