Appellate Division: Second Judicial Department

M42235

J/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-00328, 2006-00330, 2006-00331 In the Matter of Brandon O. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brandi O. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Morgan R. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-25122/00, B-25123/00, B-25124/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 13, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by Jonette R. from three orders of the Family Court, Kings County, all entered December 2, 2005. By order to show cause dated April 11, 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 appeals in the above-entitled proceedings for failure to comply with a scheduling order dated January 30, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application by counsel assigned to represent the appellant in the Family Court, to be relieved, for the assignment of new counsel, for leave to the appellant to prosecute the appeals as a poor person, and to stay enforcement of the orders.

Now, on the court's own motion, and the papers filed in response to the order to show cause and the application, it is

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

ORDERED that the branch of the application which is for a stay is denied without prejudice to making a motion for the same relief (see CPLR 8022[b]); and it is further,

ORDERED that the branches of the application which are to relieve counsel assigned by the Family Court, for the assignment of new counsel, and for leave to the appellant to prosecute the appeals as a poor person are granted; and it is further,

ORDERED that counsel assigned by the Family Court is relieved from representing the appellant on the appeals; 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 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 appeals, 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 to prosecute the appeals:

Kenneth M. Tuccillo

251 E. 61st Street

New York, N.Y. 10021

(914) 439-4843

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 is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court