Appellate Division: Second Judicial Department

M80720

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2008-08764 In the Matter of D. (Anonymous) Children. Administration for Children's Services, et al., petitioners-respondents; Dexter D. (Anonymous), et al., appellants. (Docket Nos. B-06611-04, B-06612-04, B-06613-04, B-06614-04, B-06615-04)

ORDER ON CERTIFICATION Assignment of counsel

Separate appeals by Dexter D. and Maria D. from an order of the Family Court, Kings County, dated September 8, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Denise J. Constanza, Esq., dated November 18, 2008, it is

ORDERED that the appellant Maria D. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Leighton Jackson, Esq.

315 Bleecker Street, Suite 259

New York, N. Y. 10014

646-290-7857

and it is further,

ORDERED that assigned counsel for Maria D. shall promptly attempt to contact the appellant at the address provided by the court, and on or before January 20, 2009, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Maria D. is interested in prosecuting the appeal, or

(2) the appellant Maria D. is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal by Maria D. 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 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 assigned counsel for Maria D. 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 upon a determination that the appellant Maria D. is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

PRUDENTI, P.J., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.