Appellate Division: Second Judicial Department

M68096

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 Jody Lynn Bahar, Esq., dated March 3, 2008, it is

ORDERED that the appellant Tommy J. 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 Tommy J.:

Elliot Green, Esq.

26 Court Street

Suite 2511

Brooklyn, New York 11242

(718) 260-8668

and it is further,

ORDERED that assigned counsel for Tommy J. shall promptly attempt to contact the appellant Tommy J. 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 Tommy J. is interested in prosecuting the appeals, or

(2) the appellant Tommy J. is not interested in prosecuting the appeals, or that he has been unable to contact the appellant Tommy J., 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 Tommy J. 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 Tommy J. is interested in proceeding with the appeals, the assigned counsel for Tommy J. 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.