Appellate Division: Second Judicial Department

M49608

M/mv

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-10106, 2006-10107 In the Matter of Joseph S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Laura S. (Anonymous), et al., appellants. (Docket Nos. N-18381-06, N-18387-06)

ORDER ON CERTIFICATION Assignment of counsel

Separate appeals by Laura S. and Richard S. from two orders of the Family Court, Suffolk County, both dated October 19, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Danielle I. Schwager, dated December 26, 2006, it is

ORDERED that the appellant Laura S. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Linda C. Braunsberg, Esq.

370 Powell Street

Staten Island, N.Y. 10312

718-317-6614

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Laura S. at the address provided by the court, and on or before February 9, 2007, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant Laura S. is interested in prosecuting the appeals, or

(2) the appellant Laura S. is not interested in prosecuting the appeals, or that she has been unable to contact the appellant Laura S., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals of Laura S. 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 for Laura S. 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 brief for the appellant Laura S. upon those parties; and it is further,

ORDERED that the assigned counsel for Laura S. 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 upon a determination that the appellant Laura S. is interested in proceeding with the appeals, the 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

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