In the Matter of Layla F.

In the Matter of Layla F.
Motion No: M-6934
Slip Opinion No: 2019 NYSlipOp 80535(U)
Decided on October 1, 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.



October 1, 2019

In the Matter of

Layla F.,

London F.,

Dream F., and

Josiah R., CONFIDENTIAL

Children Under 18 Years of Age Alleged to be Neglected Under Article 10Docket Nos. NN-12124/18

of the Family Court Act.NN-12125/18

- - - - - - - - - - - -NN-12126/18

Administration for Children's Services,NN-12127/18

Petitioner-Respondent,

Phillystina R.,

Respondent-Appellant,

Jonathan F.,

Respondent.

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Janet E. Sabel, Esq.,

The Legal Aid Society,

Attorney for the Child.

Respondent-appellant having moved, by separate motions, for leave to prosecute, as a poor person, the appeal from an order of the Family Court, Bronx County, entered on or about July 16, 2019, 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 motions, and the certifications of Dana Stricker, Esq., dated July 26, 2019, and due deliberation having been had thereon, it is Ordered that the motions are granted to the extent of

(1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Richard L. Herzfeld, Esq., 112 Madison Avenue, 8th Floor, New York, NY 10016, Telephone No. 212-818-9019, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said 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 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 appellant 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 Family Court. ENTERED: October 1, 2019

_____________________ CLERK

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

M-6934

M-3706

Footnotes


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