Appellate Division: Second Judicial Department

M52805

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2007-01628, 2007-01631 In the Matter of Jamar Terry N. (Anonymous). Mercy First, petitioner-respondent; Marie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) (Docket No. B-10902/04) In the Matter of Larmar Veraby N. (Anonymous). Mercy First, petitioner-respondent; Marie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-10901/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated January 4, 2006 (one in each proceeding), as a poor person, for the assignment of counsel, and to consolidate the appeals.

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

ORDERED that the motion is 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 10 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:

Dawn Shammas, Esq.

89-31 161 Street - Suite 810

Jamaica, New York 11432

(917) 609-2975

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.

SCHMIDT, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court