Appellate Division: Second Judicial Department

M53706

M/mv

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-02764, 2007-02765 In the Matter of Jasmine Cherie B. (Anonymous). Nassau County Department of Social Services, respondent; Pamela B. (Anonymous), et al., appellants. (Docket Nos. B-120-06, B-121-06)

ORDER ON CERTIFICATION Assignment of counsel

Appeals by Frank B. from an order of fact-finding and an order of disposition of the Family Court, Nassau County, both dated February 26, 2007, and separate appeal by Pamela B. from the order of disposition dated February 26, 2007, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Paul B. Guttenberg, Esq., dated April 4, 2007, it is

ORDERED that the appellant Pamela B. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel for Pamela B. to prosecute her appeal:

Gail Jacobs, Esq.

10 St. George Road

Great Neck, New York 11021

(516) 773-3107

and it is further,

ORDERED that assigned counsel for Pamela B. shall promptly attempt to contact the appellant Pamela B. at the address provided by the court, and on or before May 18, 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 Pamela B. is interested in prosecuting her appeal, or

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 Pamela B.'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 appeal 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 Pamela B. is interested in proceeding with her 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.

PRUDENTI, P.J., FISHER, DILLON 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.