Appellate Division: Second Judicial Department

M81679

M/cb

REINALDO E. RIVERA , J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY , JJ.

2008-10974, 2008-10977 In the Matter of Malen V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Briana V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Lucas V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. B-2200-07, B-2201-07, B-2202-07, B-2208-07, B-2209-07, B-2210-07)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Nancy J. from two orders of the Family Court, Suffolk County, dated August 14, 2008, and November 17, 2008, respectively, and separate appeal by Gabriel V. from the order dated November 17, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jeffrey Myles Klein, Esq., dated January 11, 2009, it is

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

Susan DeNatale

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

and it is further,

ORDERED that assigned counsel for appellant Gabriel V. shall promptly attempt to contact the appellant Gabriel V. at the address provided by the court, and on or before February 13, 2009, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Gabriel V. is interested in prosecuting the appeal, or

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

ORDERED that the appeal by Gabriel V. 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 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 assigned counsel for appellant Gabriel V., 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 for Gabriel V. 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 assigned counsel shall prosecute the appeal by Gabriel V. 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 Gabriel V. is interested in proceeding with his 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.

RIVERA, J.P., ANGIOLILLO, CARNI and McCARTHY, 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.