Appellate Division: Second Judicial Department

M65818

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-08351 In the Matter of Christopher A. R. (Anonymous). Rockland County Department of Social Services, respondent; Maria R. (Anonymous), appellant. (Docket No. B-598/07)

DECISION & ORDER ON MOTION

Appeal by Maria R. from an order of the Family Court, Rockland County, entered August 3, 2007. By order to show cause dated January 7, 2008, 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 as abandoned. Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Rockland County, to be relieved, for the assignment of new counsel to prosecute the appeal, and to grant the appellant leave to prosecute the appeal as a poor person.

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

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

ORDERED that the motion by assigned counsel to be relieved, for the assignment of new counsel to prosecute the appeal, and to grant the appellant leave to prosecute the appeal as a poor person is granted, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:

Matthew B. Tully, Esq.

3 Wembley Court

Albany, New York 12205

(518) 218-7100

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.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court