Appellate Division: Second Judicial Department

M49290

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-03957 In the Matter of Brian R. (Anonymous). Westchester County Department of Social Services, petitioner; Dalila G.-A. (Anonymous), et al., respondents; J. Henry Neale, Jr., nonparty- appellant. (Proceeding No. 1) In the Matter of Jose M. (Anonymous). Westchester County Department of Social Services, petitioner; Dalila G.-A. (Anonymous), et al., respondents; J. Henry Neale, Jr., nonparty- appellant. (Proceeding No. 2) In the Matter of Leidy M. (Anonymous). Westchester County Department of Social Services, petitioner; Dalila G.-A. (Anonymous), et al., respondents; J. Henry Neale, Jr., nonparty- appellant. (Proceeding No. 3) In the Matter of Zuriday M. (Anonymous). Westchester County Department of Social Services, petitioner; Dalila G.-A. (Anonymous), et al., respondents; J. Henry Neale, Jr., nonparty- appellant. (Proceeding No. 4) (Appeal No. 1) 2006-10463 In the Matter of Brian R. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jose R. (Anonymous), appellant, et al., respondents. (Proceeding No. 1) In the Matter of Jose M. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jose R. (Anonymous), appellant, et al., respondents. (Proceeding No. 2) In the Matter of Leidy M. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jose R. (Anonymous), appellant, et al., respondents. (Proceeding No. 3) In the Matter of Zuriday M. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Jose R. (Anonymous), appellant, et al., respondents. (Proceeding No. 4) (Appeal No. 2) (Docket Nos. N-13209-04, N-13210-04, N-13211-04, N-13212-04, N-13214-04, N-13215-04, N-13216-04, N-13217-04)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Family Court, Westchester County, entered March 23, 2006 (Appellate Division Docket No. 2006-03957), and the appellant on an appeal from an order of disposition of the same court dated September 21, 2006 (Appellate Division Docket No. 2006-10463), for leave to the appellant to prosecute the appeal from the order of disposition as a poor person, to assign the nonparty-appellant as counsel to prosecute the appeal from the order of disposition, to enlarge the nonparty-appellant's time to perfect the appeal from the order entered March 23, 2006, and, in effect, to waive the fee for the filing of the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the nonparty-appellant's time to perfect the appeal from the order entered March 23, 2006, is granted, and the time to perfect that appeal by causing the original papers constituting the record on that appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 20, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is for leave to the appellant to prosecute the appeal from the order of disposition, as a poor person is granted; and it is further,

ORDERED that the appeal from the order of disposition, 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 from the order of disposition, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to assign the nonparty-appellant as counsel to prosecute the appeal from the order of disposition is denied; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel for the appellant Jose R. is granted; and it further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Jose R.:

Irwin Staple, Esq.

365 North Avenue

P.O. Box 705

New Rochelle, New York 10802

(914) 632-5920

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal from the order of disposition 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.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court