Appellate Division: Second Judicial Department

M78045

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2008-09398, 2008-09400 In the Matter of Haralambos I. (Anonymous), appellant. (Docket Nos. D-00237-08, D-00238-08)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 30, 2008, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Appeals by Haralambos I. from orders of the Family Court, Queens County, dated September 25, 2008, and October 3, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven Greenfield, Esq., dated October 13, 2008, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the child on the appeals:

Carol Kahn, Esq.

225 Broadway, Suite 1510

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that Steven Greenfield, Esq., is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned; 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 attorney for the child and the respondent(s). 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 attorney for the child, 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. The attorney for the child is directed to provide copies of said transcripts to all of the other parties to the appeal, when the attorney for the child serves a brief upon those parties; and it is further,

ORDERED that the attorney for the child 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]).

PRUDENTI, P.J., MASTRO, FISHER and DILLON, 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.