Appellate Division: Second Judicial Department

M41380

A/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2006-02925, 2006-02926, 2006-02927, 2006-03033 In the Matter of Astrid C. (Anonymous). Administration for Children's Services, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-1054/04) In the Matter of Amber C. (Anonymous). Administration for Children's Services, respondent; John R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-5861/02) In the Matter of Tiffany C. (Anonymous). Administration for Children's Services, respondent; John R. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. N-5860/02) In the Matter of Jordan T. C. (Anonymous). Administration for Children's Services, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket No. N-20224/05)

DECISION & ORDER ON MOTION

Motions by the appellant Angelica C., on appeals from a decision of the Family Court, Kings County, dated February 24, 2006, and an order of fact-finding and disposition of the

same court dated February 24, 2006, respectively (Appellate Division Docket Nos. 2006-02925 and 2006-02927), and a fact-finding order of the same court dated July 18, 2005, and an order of disposition of the same court dated February 24, 2006 (Appellate Division Docket Nos. 2006-02926 and 2006-03033), inter alia, for leave to prosecute the appeals as a poor person, and for the assignment of counsel, and to stay enforcement of the orders pending hearing and determination of the appeals, and separate motion by the appellant John R., for leave to prosecute his appeals from the above-referenced decision and orders, to consolidate the appeals, to stay enforcement of the orders pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motions which are for leave to prosecute the appeals as poor persons and for the assignment of counsel are 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 appellants, 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 counsel for the appellant Angelica C., 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 for Angelica C. Assigned counsel for Angelica C. 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 for the appellant Angelica C. to prosecute the appeals:

Rhonda R. Weir, Esq.

26 Court Street- Suite 1809

Brooklyn, New York 11242

(347) 328-2680

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney

is assigned as counsel for the appellant John R. to prosecute the appeals:

Elliot Green, Esq.

26 Court Street- Suite 2511

Brooklyn, New York 11242

(718) 260-8662

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 assigned counsel are directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motions are otherwise denied.

LUCIANO, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court