Appellate Division: Second Judicial Department

M49712

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-11805, 2006-11806 In the Matter of Jamel B. (Anonymous). Suffolk County Department of Social Services, respondent; Joel B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joel B.(Anonymous), Jr. Suffolk County Department of Social Services, respondent; Joel B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Rashaad B. (Anonymous). Suffolk County Department of Social Services, respondent; Joel B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-3228/06, B-3229/06, B-3230/06)

DECISION & ORDER ON MOTION

Motion by the Herbert Kellner, Esq., to be relieved as appellant's counsel on appeals from a decision of the Family Court, Suffolk County, dated June 30, 2006 (Appellate Division Docket No. 2006-11805), and an order of disposition of the same court entered November 20, 2006 (Appellate Division Docket No. 2006-11806), for leave for the appellant to prosecute the appeals as a poor person, for the assignment of counsel, to stay enforcement of the order of disposition pending hearing and determination of the appeals, and to enlarge the time to perfect the appeals.

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

ORDERED that on the court's own motion, the appeal from the decision (Appellate Division Docket No. 2006-11805) 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 branches of the motion which are for leave for the appellant to prosecute the appeal from the order of disposition (Appellate Division Docket No. 2006-11806) as a poor person and for the assignment of counsel are 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, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order of disposition:

Elizabeth M. Niemi, Esq.

P.O. Box 109

Amityville, New York 11701

(631) 691-01587

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 appeal from the order of disposition is taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order of disposition (Appellate Division Docket No. 2006-11806) is referred to the Clerk of this court for the issuance of a scheduling order pursuant to the rules of this court (see 22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order of disposition is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court