Appellate Division: Second Judicial Department

M43606

M/mv

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2006-03472 In the Matter of Iesha Dana A.- N. (Anonymous), a/k/a Iesha A. (Anonymous). New York Foundling Hospital, petitioner-respondent; Omar Xavier A. (Anonymous), et al., appellants. (Docket No. B-0089/02)

SCHEDULING ORDER

ORDERED that the scheduling order dated July 28, 2006, in the above-entitled appeal is recalled and vacated, and the following scheduling order is substituted therefor:

Separate appeals by Omar Xavier A. and Jasmin N. from an order of the Family Court, Richmond County, dated March 6, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of John J. Orlando, dated June 14, 2006, it is

ORDERED that the appellant Omar Xavier A. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal for the appellant Omar Xavier A.:

Carol Kahn, Esq.

225 Broadway

Suite 1510

New York, New York

(212) 227-0206

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Omar Xavier A. at the address provided by the court, and on or before September 6, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant Omar Xavier A. is interested in prosecuting the appeal, or

(2) the appellant Omar Xavier A. is not interested in prosecuting the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal of Omar Xavier A. 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 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 of Omar Xavier A. 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court