In the Matter of Valerie M. J.

Motion No: M-8773

Slip Opinion No: 2020 NYSlipOp 61485(U)

Decided on January 23, 2020

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.

January 23, 2020

In the Matter of

Valerie M. J., and

Ana O. M.,CONFIDENTIAL

Children Under 18 Years of Age Allegedto be Neglected Under Article 10 ofDocket Nos. NN-10459/19

the Family Court Act.NN-10460/19

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Administration for Children's Services,

Petitioner-Respondent,

Vandyke J.,

Respondent-Appellant.

An appeal having been taken to this Court from the denial of respondent's order to show cause and from a temporary order of protection issued by the Family Court, New York County, both of which were entered on or about December 11, 2019, and from a temporary order of protection entered on or about November 14, 2019, And respondent-appellant having moved for leave to prosecute the aforesaid appeal as a poor person, for assignment of counsel, a free copy of the transcript, and for related relief (M-8760), And respondent-appellant having moved, by separate motion, for a stay of enforcement of the aforesaid orders pending hearing and determination of the appeal (M-8773), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it isOrdered that the motion for poor person relief (M-8760) is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Steven P. Forbes, Esq., 155-03 Jamaica Avenue, Jamaica, NY 11432, Telephone No. 718-791-8444, 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. The motion by respondent-appellant seeking a stay of enforcement of the orders which are the subject of the appeal (M-8773) is denied. ENTERED: January 23, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8773

M-8760

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