Appellate Division: Second Judicial Department

M58871

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2007-04320 In the Matter of Solomon W. (Anonymous). Westchester County Department of Social Services, respondent; Denise Y. (Anonymous), appellant (Proceeding No. 1) In the Matter of Isaiah W. (Anonymous). Westchester County Department of Social Services, respondent; Denise Y. (Anonymous), appellant (Proceeding No. 2) (Docket Nos. N-16586-05, N-16588-05)

DECISION & ORDER ON MOTION

Appeal by Denise Y. from an order of the Family Court, Westchester County, dated April 4, 2007. By scheduling order dated May 17, 2007, the appellant was directed to file in the office of the clerk of the court, within 30 days after the date of the scheduling order, inter alia, a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel. The appellant failed to comply with the scheduling order. By order to show cause dated June 26, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 17, 2007. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the appellant's motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; 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, 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:

Anne R. Mueller, Esq.

26 High Ridge Road

West Harrison, New York 10604

(914) 948-9864

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SCHMIDT, J.P., SANTUCCI, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court