Appellate Division: Second Judicial Department

M282415

AFA/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2021-09336 In the Matter of Najiana J. (Anonymous). Administration for Children's Services, petitioner-respondent; Etophia L. (Anonymous), respondent-appellant, Mervyn J. (Anonymous), respondent. (Docket No. NN-04759-2021)

DECISION & ORDER ON MOTION

Appeal by Etophia L. from an order of the Family Court, Kings County, dated November 10, 2021. Motion by the appellant, inter alia, to vacate the order appealed from. Separate motion by the appellant for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion, inter alia, to vacate the order appealed from and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, inter alia, to vacate the order appealed from is denied; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person is 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 (22 NYCRR 671.9); 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, 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 appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when the appellant serves the appellant's brief upon those parties; and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the appellant 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 the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

BARROS, J.P., CONNOLLY, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court