Michelle R. v Alexander R.

Motion No: M-363

Slip Opinion No: 2019 NYSlipOp 69148(U)

Decided on April 30, 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.

April 30, 2019

Michelle R.,

Plaintiff-Appellant, CONFIDENTIAL

v

Alexander R.,

Respondent-Respondent,

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

Steven P. Forbes, Esq., Attorney

for the Child.

Plaintiff-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, New York County, entered on or about November 30, 2018, determining issues of custody and visitation, 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 Elayne Kesselman, Esq., dated January 22, 2019, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of

(1) assigning, pursuant to Judiciary Law § 35, Lewis S. Calderon, Esq., 155-03 Jamaica Avenue, Jamaica, New York, 11432, Telephone No. 718-883-1560, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of the Supreme Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record on appeal, without charge^[FN1] within 30 days 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 Supreme Court to this Court. The Clerk of Supreme 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 60 days of the filing of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Supreme Court. (See M-345, dated April 30, 2019, released simultaneously herewith). ENTERED: April 30, 2019

_____________________ CLERK

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

M-363

Index No. 309377/12

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