Appellate Division: Second Judicial Department

M35952

Y/nal

ANITA R. FLORIO, J.P.

HOWARD MILLER

STEPHEN G. CRANE

GLORIA GOLDSTEIN, JJ.

2005-01097, 2005-10349 In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursual L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-14770-04, N-14771-04, N-14772-04, N-14773-04, N-14774-04, N-14775-04, N-14776-04, N-14777-04, N-14778-04, N-14779-04, N-41780-04, N-14781-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 30, 2005 (Appellate Division Docket No. 2005-10349), as a poor person, to consolidate the appeal with an appeal from an order of the same court dated January 3, 2005 (Appellate Division Docket No. 2005-01097), and separate motion by the appellants to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated September 30, 2005, as a poor person is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; 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 appellants, 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 Clerk of this court. The Clerk of this court is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellants serve their brief upon those parties; and it is further,

ORDERED that the appellants shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the motion to enlarge time to perfect the appeals, is referred to the Clerk of the court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a); and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., MILLER, CRANE and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court