Appellate Division: Second Judicial Department

M36456

Y/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00408 In the Matter of Heather P. (Anonymous). Suffolk County Department of Social Services, et al., petitioners-respondents; J. Gary Waldvogel, nonparty-appellant. (Docket No. N-4280-03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 14, 2005, as a poor person, and to continue his assignment as Law Guardian on the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied as unnecessary (see Family Ct Act § 1120[b]); 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 nonparty-appellant and, the respondent. 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 nonparty-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 nonparty-appellant. The nonparty-appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the nonparty-appellant's brief upon those parties; and it is further,

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

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court