| In the Matters of Tabitha Ww. v Zachary Xx |
| Motion No: 533716 |
| Slip Opinion No: 2021 NY Slip Op 70021(U) |
| Decided on August 4, 2021 |
| Appellate Division, Third 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. |
Stat
e of New York
Supreme Court, Appellate Division
Third
Judicial Department
Decided and Entered: August 4, 2021
533716
In the Matters of TABITHA WW., Appellant, v Respondent. | DECISION AND ORDER ON
MOTION |
Application for permission to proceed as a
poor person on appeal and for assignment of counsel.
Upon the papers filed in
support of the application, and no papers having been filed in opposition thereto, and
upon consideration of the recommendation of the Fulton County Plan, it is
ORDERED
that the application is granted and Kelly L. Egan, Esq., Appeals Director, Rural Law Center
of New York, 1528 Columbia Turnpike, Castleton, NY 12033, is assigned to represent
appellant upon this appeal pursuant to Family Court Act § 1120, and it is
further
ORDERED that if the appeal has not been registered with NYSCEF,
counsel shall register the appeal within 14 days of the date of this decision and order,
and it is further
ORDERED that the appeal shall be perfected by the
appendix method in accordance with section 1250.5 (c) of the Practice Rules of the
Appellate Division and sections 850.7 (b) and 850.9 (a) of this Court's Rules of Practice,
and it is further
ORDERED that pursuant to CPLR 1102, the Clerk of the Family
Court of Fulton County is directed to furnish two copies of the transcripts of the
stenographic minutes of all proceedings in the matter: one to appellant's counsel along
with a copy of any other paper or document on file in that office except those which
appellate counsel or the court from which the appeal is taken determines are not
material and relevant to this appeal, and the second copy of said transcripts to the Clerk
of this Court, and the transcripts shall be omitted from the hard copy of the record, and
it is further
ORDERED that if the appeal is not perfected within 60 days of the
date of this decision and order, appellate counsel shall make an application on notice
for a further extension of time to perfect the appeal.
Garry, P.J., Lynch, Pritzker
and Reynolds Fitzgerald, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court