Appellate Division: Second Judicial Department

M66948

M/

STEVEN W. FISHER , J.P.

EDWARD D. CARNI

RUTH C. BALKIN

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 Joseph P. Abbenda, Esq., dated January 31, 2008, it is

ORDERED that Santos Ernesto R. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the cross appeals for Santos Ernesto R.:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743-2210

(631)424-8495

and it is further,

ORDERED that assigned counsel for Santos Ernesto R. 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 cross appeals, in writing, that she has done so and that either

(1) Santos Ernesto R. is interested in prosecuting the cross appeals, or

(2) the Maria S. C. is not interested in prosecuting the cross 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 it is further,

ORDERED that the assigned counsel for Santos Ernesto R. shall prosecute the cross 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 Santos Ernesto R. . is interested in proceeding with the appeals, the assigned counsel for Santos Ernesto R. is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court