Appellate Division: Second Judicial Department

M66416

M/

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2007-11170, 2008-00766 In the Matter of Santos Ernesto R. (Anonymous), respondent-appellant, v Maria S. C. (Anonymous), appellant-respondent. (Docket No. P-00593-07)

ORDER ON CERTIFICATION Assignment of counsel

Appeals and cross appeals from two orders of the Family Court, Nassau County, dated October 26, 2007, and October 29, 2007, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jeremy L. Goldberg, Esq., dated January 30, 2008, it is

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

Steven Feldman, Esq.

626 EAB Plaza, West Tower - 6th Floor

Uniondale, New York 11556

(516) 522-2828

and it is further,

ORDERED that assigned counsel for Maria S. C. shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 11, 2008, shall notify the Case Manager assigned to the appeals, in writing, that he or she has done so and that either

(1) Maria S. C. is interested in prosecuting the appeals, or

(2) the Maria S. C. is not interested in prosecuting the appeals, or that he or she has been unable to contact Maria S. C., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals and cross appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, 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 counsel for Maria S. C., 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 for Maria S. C. Assigned counsel for Maria S. C. 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 brief for Maria S. C. upon those parties; and it is further,

ORDERED that the assigned counsel for Maria S. C. 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 Maria S. C. is interested in proceeding with the appeals, the assigned counsel for Maria S. C. is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, 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.