Appellate Division: Second Judicial Department

M62265

M/cb

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-06444 In the Matter of Denise McHarris, appellant, v Administration for Children's Services, et al., respondents. (Docket Nos. V-04228-07, V-04229-07)

SCHEDULING ORDER

Appeal by Denise McHarris from an order of the Family Court, Queens County, dated June 29, 2007.

On the court's own motion, it is

ORDERED that its scheduling order dated September 6, 2007, is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Denise McHarris from an order of the Family Court, Queens County, dated June 29, 2007. Pursuant to Family Court Act §§ 1118 and 1120, upon the certification of Heidi Luna, dated August 3, 2007, and the letter of former assigned counsel Alan S. Cabelly, Esq., dated October 25, 2007, in which he informs the court that the appellant wishes to proceed with the appeal, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal:

Dawn Shammas, Esq.

89-31 161st Street, Suite 605

Jamaica, New York 11432

(917) 609-2975

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 assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that 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]).

PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court