| Matter of J. (Anonymous), Jesse IV; K. (Anonymous), J |
| Motion No: 2008-01754 |
| Slip Opinion No: 2008 NYSlipOp 67368(U) |
| Decided on March 24, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M68095
M/
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2008-01754, 2008-01755, 2008-01756, 2008-01757, 2008-01758, 2008-01760, 2008-01761
In the Matter of Jesse J. (Anonymous), IV. Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No.1) In the Matter of Josette K.(Anonymous). Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Trenia K. (Anonymous. Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Jayla K. (Anonymous). Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Joseph K. (Anonymous). Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Joyce K. (Anonymous). Administration for Children's Services, respondent; Joann K. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-00424-08, N-00425-08, N-00426-08, N-00584-08, N-00585-08, N-00586-08)
| ORDER ON CERTIFICATION Assignment of counsel |
Separate appeals by Joann K. and Tommy J. from an order of the Family Court, Richmond County, dated February 4, 2008 (in all proceedings), and six orders of the same court, all dated February 5, 2008 (one in each proceeding). Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Christopher Robles, Esq., dated February 22, 2008, it is
ORDERED that the appellant Joann K. 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 on behalf of Joann K.:
Richard L. Herzfeld, Esq.
555 Fifth Avenue
14th Floor
New York, N.Y. 10017
(212) 818-9019
and it is further,
ORDERED that assigned counsel for Joann K. shall promptly attempt to contact the appellant Joann K. at the address provided by the court, and on or before April 11, 2008, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant Joann K. is interested in prosecuting the appeals, or
(2) the appellant Joann K. is not interested in prosecuting the appeals, or that he has been unable to contact the appellant Joann K., and wishes to be relieved of the assignment; 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 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 assigned 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 appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that the assigned counsel for Joann K. 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 Joann K. is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
RIVERA, J.P., SPOLZINO, DILLON and BALKIN, 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.