Appellate Division: Second Judicial Department

M74494

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2008-06324, 2008-06326, 2008-06327, 2008-06524, 2008-06525, 2008-06527 In the Matter of Isaiah J. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jerimiah S. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Joshua J. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Hezekiah J. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ezekial J. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Gabriel J. (Anonymous). Administration for Children's Services, respondent; Stacy J. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-06161/08, N-06162/08, N-06163/08, N-06164/08, N-06165/08, N-06166/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of three orders of the Family Court, Kings County, dated June 9, 2008, three orders of the same court dated June 19, 2008, and an order of the same court dated July 11, 2008, pending hearing and determination of appeals from the orders, in effect, to consolidate the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to consolidate the appeals is granted, and the parties shall file 14 copies of their respective briefs; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person, and for the assignment of counsel are granted; 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 appellant, the respondent, and the attorneys for the child. The parties are directed to file 14 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'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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Christina Brandt-Young, Esq.

N. Y. Legal Assistance Group

450 W. 33rd Street, 11th Floor

New York, New York 10001-2603

(212) 613-5086

and it is further,

ORDERED that the assigned counsel 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court