Appellate Division: Second Judicial Department

M54281

M/cb

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-02866 In the Matter of "Female" M. (Anonymous), a/k/a Mary Jocelyn M. (Anonymous). Little Flower Children's Services, petitioner- respondent; Jocelyn M. (Anonymous), et al., appellants. (Docket No. B-25866/03)

ORDER ON CERTIFICATION Assignment of counsel

Separate appeals by Jocelyn M. and Geto M. from an order of the Family Court, Kings County, dated February 8, 2007. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Pauline Braun, Esq., dated April 27, 2007, it is

ORDERED that the appellant Geto M. 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 by Geto M.:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

212-876-8335

and it is further,

ORDERED that assigned counsel for Geto M. shall promptly attempt to contact the appellant Geto M. at the address provided by the court, and on or before May 23, 2007, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Geto M. is interested in prosecuting the appeal, or

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

ORDERED that the appeal of Geto M. 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 Geto M'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 for Geto M. 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 for Geto M. 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 Geto M. 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.

SPOLZINO, J.P., SKELOS, DILLON 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.