Appellate Division: Second Judicial Department

M50115

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-05059, 2006-05061, 2006-05062 Matter of Anna Coral DeL. (Anonymous). Administration for Children's Services, et al., respondents; Barbara C. K. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nicholas William DeL. (Anonymous). Administration for Children's Services, et al., respondents; Barbara C. K. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jimmy Elmer DeL. (Anonymous). Administration for Children's Services, et al., respondents; Barbara C. K. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. B-8050/02, B-8051/02, B-8052/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from three orders of the Family Court, Queens County, all dated April 26, 2006, as a poor person, for the assignment of counsel, for a preference in the calendaring of the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeals 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 appeals, 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 appeals:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

and it is further,

ORDERED that the assigned counsel 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied as unnecessary (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the Clerk of the court pursuant to the rules of this court for the issuance of a scheduling order (see 22 NYCRR 670.4[a][2]).

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court