Appellate Division: Second Judicial Department

M264172

kbp/

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-07078 In the Matter of Bryce L. (Anonymous). Administration for Children's Services, petitioner-respondent, v David A. Benowitz, respondent-appellant. (Proceeding No. 1) In the Matter of Harley B. (Anonymous). Administration for Children's Services, petitioner-respondent, v David A. Benowitz, respondent-appellant. (Proceeding No. 2) (Docket Nos. N-7281-19, N-7282-19)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated June 12, 2019, which committed him to a term of incarceration of three months, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion, the Warden of the facility at which the respondent-appellant is incarcerated, or his or her agent, is directed to immediately release the respondent-appellant; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the respondent-appellant, the petitioner-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 respondent-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 appeal:

Kyle Sosebee

147 Prince Street

Brooklyn, NY 11201

347-480-8757

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court