Appellate Division: Second Judicial Department

M36883

O/sl

ROBERT W. SCHMIDT, J.P.

PETER B. SKELOS

ROBERT J. LUNN

MARK C. DILLON, JJ.

2005-10435 In the Matter of Jason S. (Anonymous). Administration for Children's Services, petitioner- respondent; Jennifer S. (Anonymous), appellant, et al., respondent. (Docket No. N-19509-04)

DECISION & ORDER ON MOTION

Appeal by Jennifer S. from an order of the Family Court, Kings County, dated October 17, 2005. By order to show cause dated January 6, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

On the court's own motion and no papers having been filed in response to the order to show cause, and upon the appellant's motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is 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 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 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 Law Guardian, 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:

Mark W. Brandys, Esq.

36 W. 44th Street - Suite 1212

New York, New York 10036

(212) 938-0160

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 § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

SCHMIDT, J.P., SKELOS, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court