Appellate Division: Second Judicial Department

M67364

J/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-10991, 2007-10992 In the Matter of Charles D.B. (Anonymous) II, respondent, v Marilyn Y. (Anonymous), appellant. (Matter No. 1) In the Matter of Marilyn Y. (Anonymous), appellant, v Mark Y. (Anonymous), respondent. (Matter No. 2) Marilyn C. Y. (Anonymous), appellant, v Mark N. Y. (Anonymous), respondent. (Matter No. 3) (Docket Nos. P-05587-06, P-05586-06, Index No. 915/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 15, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Suffolk County, both dated October 19, 2007, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; 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 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; 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 Supreme Court, and the clerk of the Supreme 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 Supreme 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 appeals, 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 §§ 262 and 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeals:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

(631) 514-5547

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court