Appellate Division: Second Judicial Department

M285608

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2022-03099 In the Matter of Tanya Gibson, et al., petitioners-respondents, v Julie Giraldo, respondent-appellant, et al., respondent. (Docket Nos. V-13755-2019, V-13756-2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated March 31, 2022. Motion by the appellant for leave to reargue her prior motion to stay enforcement of an order of the same court dated April 4, 2022, pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this Court dated July 13, 2022.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and upon reargument, the decision and order on motion of this Court dated July 13, 2022, is recalled and vacated; and it is further,

ORDERED that enforcement of the order of the Family Court, Queens County, dated April 4, 2022, is stayed, pending hearing and determination of the appeal; 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 § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Salihah R. Denman

100 So. Bedford Rd., Ste. 340

Mount Kisco, NY 10549

914-215-7221

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.

DILLON, J.P., CHRISTOPHER, WAN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court