Appellate Division: Second Judicial Department

M74300

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-02027 In the Matter of Ethan J. (Anonymous). Administration for Children's Services, petitioner- respondent; Marion J. (Anonymous), respondent- respondent; Phillip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, petitioner- respondent; Marion J. (Anonymous), respondent- respondent; Phillip J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, petitioner- respondent; Marion J. (Anonymous), respondent- respondent; Phillip J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, petitioner- respondent; Marion J. (Anonymous), respondent- respondent; Phillip J. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-4616/04, N-4617/04, N-4618/04, N-4619/04)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated January 18, 2008, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal 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 attorney for the child, 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 Clerk of this court, 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 Clerk of this court. The Clerk of this court shall deliver the above-referenced minutes to the appellant; the appellant shall return the transcripts to this court when he serves his brief upon the other parties; and it is further,

ORDERED that the appellant 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 the Clerk of this court, or his designee, is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court