Appellate Division: Second Judicial Department

M60649

F/

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-02275 In the Matter of Devontay M. (Anonymous). Administration for Children's Services, petitioner-respondent; Dina J. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 1) In the Matter of Devontaya M. (Anonymous). Administration for Children's Services, petitioner-respondent; Dina J. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 2) (Docket Nos. N-00710-6, N-00711-06)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Separate appeals by Dina J. and Devon M. from an order of the Family Court, Richmond County, dated February 1, 2007. By order to show cause dated August 29, 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 by Devon M. in the above-entitled proceeding for failure to comply with a scheduling order dated July 19, 2007. Motion by the appellant pro se Devon M. for leave to prosecute his appeal as a poor person and for the assignment of counsel.

Upon the motion to dismiss the appeal of Devon M. and the papers filed in response thereto, and upon the papers filed in support of the motion for leave to prosecute the appeal by Devon M. as a poor person and for the assignment of counsel and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal of Devon M. is denied; and it is further,

ORDERED that the motion by Devon M. 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 appeals 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 (see 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 (see 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 appeals, 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 by Devon M.:

Dawn Shammas, Esq.

89-31 161st Street, Suite 810

Jamaica, New York 11435

(917) 609-2975

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Devon M. expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (see 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 appeals are taken.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court