Appellate Division: Second Judicial Department

M265664

E/mb

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-09606 In the Matter of Yohanny Hernandez Rosado, appellant, v Guaroa Eden Cornielle, respondent. (Docket Nos. V-24790-17, V-32113-18)

DECISION & ORDER ON MOTION

Motion by Yohanny Hernandez Rosado for leave to appeal to this Court from an order of the Family Court, Kings County, dated August 14, 2019, to stay enforcement of the order pending hearing and determination of the appeal, 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 motion is granted; and it is further,

ORDERED that enforcement of the order dated August 14, 2019, is stayed pending hearing and determination of the appeal or entry of a dispositional order in the above-referenced proceedings, whichever occurs first; 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 parties who 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 hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; 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 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 appeal, including the attorney for the child, 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:

Carol Lipton

800 Greenwood Avenue, #3L

Brooklyn, NY 11218

718-436-5359

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 670.4[a]); 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 appeal is taken.

DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court