Appellate Division: Second Judicial Department

M82795

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2009-00531, 2009-00715 In the Matter of Claudia G. (Anonymous). Nassau County Department of Social Services, respondent; Ermelio G. (Anonymous), appellant; Sandra Stines, nonparty-appellant. (Proceeding No. 1) In the Matter of Karla G. (Anonymous). Nassau County Department of Social Services, respondent; Ermelio G. (Anonymous),appellant; Sandra Stines, nonparty-appellant. (Proceeding No. 2) In the Matter of Walter G. (Anonymous). Nassau County Department of Social Services, respondent; Ermelio G. (Anonymous), appellant; Sandra Stines, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N-06320-07, N-06321-07, N-06322-07)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Ermelio G. and the attorney for the child Claudia G. from two orders of the Family Court, Nassau County, both dated December 18, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Tammt Feman, Esq., dated January 27, 2009, it is

ORDERED that the appellant Ermelio G. 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 by Ermelio G.:

Arza R. Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

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

(1) the appellant Ermelio G. is interested in prosecuting the appeal, or

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

ORDERED that the appeal by Ermelio G. 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 appellant Ermelio G.'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 for Ermelio G. is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the appellant's brief upon those parties; and it is further,

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

FISHER, J.P., FLORIO, BALKIN and BELEN, 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.