Appellate Division: Second Judicial Department

M285144

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

HELEN VOUTSINAS, JJ.

2022-05659 David Ameneyro, respondent, v Perla Xochitl Hernandez, appellant. (Index No. 550353/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 16, 2022. Motion by Perla Xochitl Hernandez to stay all proceedings in the above-entitled matter and enforcement of the order, pending hearing and determination of the appeal, 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, it is

ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled matter and enforcement of the order are denied; and it is further,

ORDERED that the branches of the motion which are 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; the parties 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); 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 Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the appellant's 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 Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn

P.O. Box 1592

New York, NY 10028

212-744-7365

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 Supreme Court, Kings County.

DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court