Appellate Division: Second Judicial Department

M266571

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2019-10678, 2019-10679 In the Matter of Aryeh C. Pomerantz, appellant, v Tamira S. Frankel, respondent. (Docket No. V-18863-13)

DECISION & ORDER ON MOTION

Motion by Aryeh C. Pomerantz for leave to appeal to this Court from two orders of the Family Court, Kings County, dated September 5, 2019, and September 6, 2019, respectively, to stay enforcement of the orders and to direct that Tamira S. Frankel have visitation with the subject children in accordance with the terms of an order of the same court dated May 6, 2019, pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, for poor person relief, 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 branches of the motion which are for leave to appeal to this Court from the orders dated September 5, 2019, and September 6, 2019, to stay enforcement of the orders and to direct that Tamira S. Frankel have visitation with the subject children in accordance with the terms of an order of the same court dated May 6, 2019, pending hearing and determination of the appeals, for poor person relief, and for the assignment of counsel are granted, and the branch of the motion which is for a preference in the calendaring of the appeals is denied; and it is further,

ORDERED that enforcement of the orders dated September 5, 2019, and September 6, 2019, is stayed and Tamira S. Frankel shall have visitation with the subject children in accordance with the terms of the order dated May 6, 2019, pending hearing and determination of the appeals; 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 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 appeals, 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 appeals:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, New York 10016

212-818-9019

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 670.4[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 appeals are taken.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court