Appellate Division: Second Judicial Department

M51479

E/mv

STEPHEN G. CRANE, J.P.

PETER B. SKELOS

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-11582, 2006-11583, 2006-11584 In the Matter of Daevon Lamar P. (Anonymous). Administration for Children's Services, respondent; Dwight P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Deena Lailah P. (Anonymous). Administration for Children's Services, respondent; Dwight P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Dwight Maurice P. (Anonymous), Jr. Administration for Children's Services, respondent; Dwight P. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-2583-05, B-2582-05, B-20672-03)

DECISION & ORDER ON MOTION

Appeals by Dwight P., from three orders of the Family Court, Queens County, all dated November 17, 2006. By order to show cause dated January 27, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that the orders appealed from was entered on the consent of the appealing party. Application pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David Standel, Esq., dated January 18, 2007, for leave to prosecute the above-entitled appeals as a poor person and the assignment of new counsel based upon a certificate of continued indigency.

Now, on the court's own motion, and the papers filed in response to the order to show cause, and upon the certification of David Standel, Esq., it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant 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:

Kenneth Tuccillo, Esq.

251 E. 61st Street

New York, New York 10021

914-439-4843

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 20, 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 is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment; 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 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 upon a determination that the appellant 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.

CRANE, J.P., SKELOS, COVELLO and DICKERSON, 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.