Appellate Division: Second Judicial Department

M38637

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-11299 In the Matter of Christine G. (Anonymous). Administration for Children's Services, respondent; Herbie G. (Anonymous), appellant. (Docket No. N-04042/05)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by Herbie G. from an order of the Family Court, Queens County, dated November 1, 2005. By order on certification dated March 6, 2006, pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Joseph A. Leary, dated January 17, 2006, the appellant was granted leave to prosecute the appeal as a poor person and the following named attorney was assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway

Suite 1510

New York, New York 10007

(212) 227-0206

Now, on the court's own motion and pursuant to Family Court Act §§ 1118 and 1120, it is

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 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.

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court