Appellate Division: Second Judicial Department

M267592

E/mb

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-12259 In the Matter of Saphora Magana, appellant, v Dirk Delph, respondent-respondent, et al., respondent. (Proceeding No. 1) In the Matter of Dirk Delph, respondent, v Saphora Magana, appellant. (Proceeding No. 2) (Docket Nos. V-25163-16, 17C, 17D, V-25707-16, 17C, 17D)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated October 23, 2019, pending hearing and determination of an appeal therefrom, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are 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 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:

Mark Diamond

Box 287356

Yorkville Station, NY 10128

917-660-8758

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.

MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court