Appellate Division: Second Judicial Department

M53828

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2006-08227 In the Matter of Vanessa Ann G.-L. (Anonymous). Nassau County Department of Social Services, respondent; Calvin L. L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Calvin L. L. (Anonymous), appellant, v Nassau County Department of Social Services, respondent. (Proceeding No. 2) (Docket Nos. B-12611/05, V-042420/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated March 6, 2007, which dismissed an appeal from an order of the Family Court, Nassau County, dated August 4, 2006, as abandoned, to reinstate the appeal, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on motion of this court dated March 6, 2007, to reinstate the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel are granted; and it is further,

ORDERED that the decision and order on motion of this court dated March 6, 2007, is recalled and vacated and the appeal is reinstated; 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 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 appeal, 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 appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743

(631) 424-8495

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 appeal is taken; and it is further,

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

SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court