Appellate Division: Second Judicial Department

M43745

S/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-06342, 2006-07154 In the Matter of Hassan Lawrence W. (Anonymous). Administration for Children's Services petitioner- respondent; Shamika H. (Anonymous), respondent; Larry B. (Anonymous), appellant. (Docket No. B-02960-05)

ORDER ON CERTIFICATION SCHEDULING ORDER

Appeals by Larry B. from a decision of the Family Court, Westchester County, dated May 22, 2006, (Appellate Division Docket No. 2006-07154) and an order of the same court dated June 16, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard S. Birnbaum, dated August 4, 2006, it is

ORDERED that the appeal from the decision (Appellate Division Docket No. 2006-07154) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal from the order, and the following named attorney is assigned as counsel to prosecute the appeal:

Richard S. Birnbaum, Esq.

200 Mamaroneck Avenue, Suite 504

White Plains, New York 10601

914-428-4565

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant, at the address provided by the court, and shall notify the Case Manager assigned to the appeal on or before September 29, 2006, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant 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 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 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.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.