Appellate Division: Second Judicial Department

M39215

Y/nl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-08751, 2005-08752 In the Matter of Mya Sherice B. (Anonymous), a/k/a Mya B. (Anonymous), a/k/a Mya L. (Anonymous). SCO Family of Services, respondent; Bernice Sherice L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Eric Edward B. (Anonymous), a/k/a Eric B. (Anonymous). SCO Family of Services, respondent; Bernice Sherice L. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-18218/03, B-22326/03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant Bernice Sherice L. in proceedings before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County (one as to each child), both dated August 19, 2005, respectively, and to grant the appellant Bernice Sherice L. leave to prosecute the appeals as a poor person. Cross motion by the respondent to dismiss the appeal of Bernice Sherice L. as abandoned.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appeals 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals on behalf of Bernice Sherice L.:

Catherine S. Bridge, Esq.

1358 Clove Rd.

Staten Island, New York 10301

(718) 448-9600

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 cross motion is denied; and it is further,

ORDERED that the attorneys for the appellant Mark L., the respondent, and the Law Guardian shall serve the newly assigned counsel for Bernice Sherice L. with copies of their briefs on or before May 20, 2006; and it is further,

ORDERED that the party in possession of the transcripts shall serve them upon the new assigned counsel for Bernice Sherice L. on or before May 20, 2006; 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 appeals are taken.

MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court