Appellate Division: Second Judicial Department

M55960

J/mv

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2006-11231, 2006-11649 In the Matter of Audrey D. (Anonymous), appellant; Commissioner of Social Services of City of New York, et al., respondents. (Index No. 100305/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 28, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from an order and an amended order of the Supreme Court, Kings County, dated October 11, 2006, and November 9, 2006, respectively, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Larry S. Bachner, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, New York 11432

(917) 378-0176

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 appellant's and the respondent's briefs. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other, and it is further,

ORDERED that pursuant to statute (CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with an affidavit of the fact and date of such delivery and filing. Assigned counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent, and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing her brief on the appeals is enlarged until August 7, 2007; and it is further,

ORDERED that if a trial or hearing was held, assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

PRUDENTI, P.J., MASTRO, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court