Appellate Division: Second Judicial Department

M47272

M/mv

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-09543 In the Matter of Edward C. (Anonymous), Jr. Administration for Children's Services, respondent; Edward C. (Anonymous), et al., appellants. (Docket No. N-32409/03)

SCHEDULING ORDER

Separate appeals by Edward C. and Desiree C. from an order of the Family Court, Kings County, dated September 1, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Ira H. Goldstein, Esq., dated November 8, 2006, it is

ORDERED that the appellant Edward C. 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:

Peter H. Dailey, Esq.

420 Riverside Drive

Suite 2E

New York, N.Y. 10025

212-678-6238

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Edward C. at the address provided by the court, and on or before December 15, 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 Edward C. is interested in prosecuting the appeal, or

(2) the appellant Edward C. is not interested in prosecuting the appeal, or that he or she has been unable to contact the appellant Edward C., 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 Edward C. 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.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.