Appellate Division: Second Judicial Department

M67785

M/

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-01549 In the Matter of Mia P. (Anonymous). Administration for Children's Services, petitioner-respondent; Tiamirra H. (Anonymous), et al., appellants. (Docket No. N-17959-05)

SCHEDULING ORDER

Separate appeals by Tiamirra H. and Antonio P. from an order of the Family Court, Kings County, dated February 6, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Philip J. Devereaux, Esq., dated March 1, 2008, it is

ORDERED that the appellant Tiamirra H. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel for Tiamirra H. to prosecute the appeal:

Linda C. Braunsberg, Esq.

370 Powell Street

Staten Island, N.Y. 10312

718-317-6614

and it is further,

ORDERED that assigned counsel for Tiamirra H. shall promptly attempt to contact the appellant at the address provided by the court, and on or before April 7, 2008, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Tiamirra H. is interested in prosecuting the appeal, or

(2) the appellant Tiamirra H. is not interested in prosecuting the appeal, or that she has been unable to contact the appellant Tiamirra H. and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal by Tiamirra H. 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 Tiamirra H. '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 for Tiamirra H. Assigned counsel for Tiamirra H. 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 brief for appellant Tiamirra H. upon those parties; and it is further,

ORDERED that the assigned counsel for Tiamirra H. 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 upon a determination that the appellant Tiamirra H. is interested in proceeding with the appeal, the assigned counsel for Tiamirra H. is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, 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.