Matter of H. (Anonymous), Shamel, a/k/a H. (Anonymous
Motion No: 2007-10524
Slip Opinion No: 2008 NYSlipOp 77042(U)
Decided on July 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72775

E/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2007-10524, 2007-10525, 2007-10526

In the Matter of Shamel H. (Anonymous).

a/k/a Shamel Sadique H. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; Robert S. (Anonymous),

appellant, et al., respondent.

(Proceeding No. 1)

In the Matter of Shavonne H.S. (Anonymous).

a/k/a Shavonne T.S. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; Robert S. (Anonymous),

appellant, et al., respondent.

(Proceeding No. 2)

In the Matter of Kristan H. (Anonymous),

a/k/a Kristan Taquan H. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; Robert S. (Anonymous),

appellant, et al., respondent.

(Proceeding No. 3)

(Docket Nos. B-1652-05, B-1653-05, B-1654-05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on appeals from three orders of the Family Court, Kings County, all dated September 24, 2007, to include the transcripts of proceedings in a related proceeding, to be provided with those transcripts, to enlarge the time to perfect the appeal, and to stay all adoption proceedings.

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

ORDERED that the branches of the motion which are to enlarge the record and to be provided with certain transcripts are granted, and the three scheduling orders of this court all dated January 31, 2008, which granted poor person relief to the appellant are amended to include a direction to the court reporter and/or transcription service to make, certify and file two transcripts of the stenographic minutes of the proceedings commenced in the Family Court, Kings County, under Docket Nos. B-25284/02, B-25285/02, and B-25286/02, 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'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. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant 's brief upon those parties; and it is further,

ORDERED that the appellant's assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a)(2); and it is further,

ORDERED that the branch of the motion which is to stay all adoption proceedings is denied.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court