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Matter of Melia M., Leilyn H., Zola B., Zylo B., Emmalee B.

Appellate Division of the Supreme Court, New York
May 1, 2025

Matter of Melia M., Leilyn H., Zola B., Zylo B., Emmalee B.

Motion No: 2025-02081 Slip Opinion No: 2025 NY Slip Op 67689(U) Decided on May 01, 2025

Appellate Division, First 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.

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Supreme Court of the State of New York Appellate Division, First Judicial Department Present - Hon. Dianne T. Renwick, Presiding Justice, Sallie Manzanet-Daniels

Troy K. Webber

Cynthia S. Kern

Peter H. Moulton, Justices.

In the Matter of

Melia M.,

Leilyn H.,

Zola B.,

Zylo B.,

Emmalee B.,

Children Under the Age of 18 Years

Alleged to be Neglected and/or

Abused Under Article 10 of the

Family Court Act.

Confidential

Motion No. Case No. Docket Nos. 2025-02081 2025-02011 N28023/23 N28024/23 N28025/23 N28026/23 N28027/23 - - - - - - - - - - Administration for Children Services, Petitioner-Respondent,

-against-

Sean M.,

Respondent-Appellant.

- - - - - - - - - -

Ariella Goldstein, Esq.

The Legal Aid Society

Attorney for the Child Melia M. Paul Sweeney, Esq.

Attorney for the Child Leilyn H. Craig Marshall, Esq.

Attorney for the Children Zola B., Zylo B., and Emmalee B.

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Case No. 2025-02011 -2- Motion No. 2025-02081 Respondent-appellant having moved for a waiver of costs, fees, and expenses on the appeal from an order of the Family Court, Bronx County, entered on or about March 07, 2025, and for assignment of counsel, a free copy of the transcript, and related relief, Now, upon reading and filing the papers and the Certification of Rachel Lichtman, Esq., dated April 08, 2025, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to County Law article 18-B and Family Court Act § 1120, Daniel X. Robinson, Esq., 11 Park Place, Suite 711, New York, New York 10007, , Esq., Telephone No. (917) 830-7529, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against the City of New York from funds available therefor, within 30 days (FCA § 1121[7]) of service of a copy of this order upon the Clerk1; (3) permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court; and (4) directing appellant to perfect this appeal, in compliance with section 1250.9 of the Practice Rules of the Appellate Division, within 60 days of the filing of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. The Clerk of the Family Court shall transfer the record upon receipt of this order.

Appellant, respondent, and the attorney for the child are directed to enter their initial information for electronic filing in the New York State Courts Electronic Filing System (NYSCEF) pursuant to section 1245.3 of the Electronic Filing Rules of the Appellate Division, and thereafter electronically file their respective briefs. ENTERED: May 01, 2025

1 Service of appellant's brief upon respondent(s) shall include assigned counsel's copy of the transcript.

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