Appellate Division: Second Judicial Department

M263306

E/mm

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-03196, 2019-03197 In the Matter of Shu Jiao Zhao, appellant, v Wei Rong, respondent. (Docket No. V-9609-17/18F)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Family Court, Queens County, dated March 25, 2019, and March 26, 2019, respectively, pending hearing and determination of appeals therefrom. Separate motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion to stay enforcement of the orders and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion for leave to prosecute the appeals as a poor person and for the assignment of counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay enforcement of the orders is denied; and it is further,

ORDERED that the motion for leave to prosecute the appeals as a poor person and for the assignment of counsel is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel to prosecute the appeals:

Richard J. Cardinale

26 Court Street, Suite 1815

Brooklyn, NY 11242

718-624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

SCHEINKMAN, P.J., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court