Appellate Division: Second Judicial Department

M51204

M/mv

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-11197 In the Matter of Michelle Rennee H. (Anonymous), a/k/a Michelle H. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Marcel H. (Anonymous), a/k/a Marcel Lori H. (Anonymous), a/k/a Marcel A. (Anonymous), et al., appellants. (Docket Nos. B-19540/04)

ORDER ON CERTIFICATION Assignment of counsel

Separate appeals by Marcel H. and Marc A. Sr., from an order of the Family Court, Kings County, dated August 22, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Francine Shraga, Esq., dated February 5, 2007, it is

ORDERED that the appellant Marcel H. 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 for Marcel H.:

Richard L. Herzfeld, Esq.

555 Fifth Avenue

14th Floor

New York, NY 10017

(212) 818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Marcel H. at the address provided by the court, and on or before March 14, 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 Marcel H. is interested in prosecuting the appeal, or

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

ORDERED that the appeal by Marcel H. will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant Marcel H., 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 counsel for the appellant Marcel H., 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 of Marcel H. 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 Marcel H. 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.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.