Appellate Division: Second Judicial Department

M282041

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2022-00102 In the Matter of Giancarlos Hernandez, appellant, v Olga Viana, respondent. (Docket No. V-29816-2018)

DECISION & ORDER ON MOTION

Motion by Giancarlos Hernandez for leave to appeal to this Court from an order of the Family Court, Kings County, dated January 3, 2022, to stay enforcement of the order pending hearing and determination of the appeal, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the certification of Denise S. Siler dated January 5, 2022, pursuant to Family Court Act §§ 1118 and 1120, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated January 3, 2022, is denied as unnecessary, as the order is appealable as of right (Family Court Act §§ 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the branches of the motion which are, in effect, for leave to prosecute the appeal as a poor person 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 upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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 §§ 1118 and 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Denise S. Siler

300 Cadman Plaza West, 12th Fl.

Brooklyn, NY 11201

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 670.3[b]); 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.

DUFFY, J.P., MALTESE, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court