In the Matter of a Proceeding for Support under Article 4 of the Family Court Act. Manuel B.

Motion No: M-1042

Slip Opinion No: 2019 NYSlipOp 70903(U)

Decided on May 21, 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.

May 21, 2019

In the Matter of a Proceeding for

Support under Article 4 of the

Family Court Act.

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

Manuel B., Petitioner-Appellant,Docket No. F-24241-10/18F

v

Rosa H.

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, Bronx County, entered on or about August 24, 2018, for assignment of counsel, a free copy of the transcript, and related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of (1) permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and file an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division; (2) directing the Clerk of the 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 petitioner-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) directing petitioner-appellant to perfect this appeal within 60 days of the filing of the transcripts. Petitioner-appellant is directed to immediately serve a copy of this order upon the Clerk of the Family Court. So much of the motion which seeks the assignment of counsel is denied. ENTERED: May 21, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Troy K. Webber Ellen Gesmer, Justices

M-1042

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