Appellate Division: Second Judicial Department

M65557

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-09551, 2007-09553 In the Matter of Casey N. (Anonymous). Orange County Department of Social Services, respondent; Terry S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Keryn D. (Anonymous). Orange County Department of Social Services, respondent; Terry S. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Tyler S. (Anonymous). Orange County Department of Social Services, respondent; Terry S. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-167-07, N-168-07, N-169-07)

ORDER ON CERTIFICATION

Appeals by Terry S. and Lisa S. from two orders of the Family Court, Orange County, dated July 9, 2007, and September 5, 2007, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gary Eisenberg, dated January 9, 2008, it is

ORDERED that the appellant Lisa S. is granted leave to proceed as a poor person on her appeals, and the following named attorney is assigned as counsel to prosecute her appeals:

Richard L. Herzfeld, Esq.

555 5th Avenue - 14th Floor

New York, N.Y. 10017

(212)818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Lisa S., at the address provided by the court, and shall notify the Case Manager assigned to the appeals on or before February 21, 2008, in writing, that he or she has done so and that either

(1) the appellant Lisa S. is interested in proceeding with her appeals, or

(2) the appellant Lisa S. is not interested in proceeding with her appeals, or that he or she has been unable to contact the appellant Lisa S., and wishes to be relieved of the assignment;

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 (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 Lisa S.'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 the respondent and the Law Guardian, if any, when counsel serves the appellant Lisa S.'s brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 Lisa S. is interested in proceeding with her appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

SKELOS, J.P., FISHER, 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.