Appellate Division: Second Judicial Department

M84057

S/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2009-01414 In the Matter of Kathleen K. (Anonymous). Suffolk County Department of Social Services, respondent; Steven K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rachel K. (Anonymous). Suffolk County Department of Social Services, respondent; Steven K. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-9601-07, N-9602-07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 6, 2009, in the above-entitled proceedings is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated January 22, 2009, to stay a hearing in a proceeding to terminate the appellant's parental rights pending in the Family Court, Suffolk County, pending hearing and determination of an appeal from an order of the Family Court, Suffolk County, dated September 7, 2007, pending under Appellate Division Docket No. 2007-09291. Certification by Valarie M. Zuckerman, Esq., dated February 16, 2009, concerning the appellant's continued eligibility for poor person relief and 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 motion is denied; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Valarie M. Zuckerman, Esq., dated February 16, 2009, the following named attorney is assigned as counsel to prosecute the appeal:

Steven A. Feldman, Esq.

626 Reckson Plaza, West Tower-6th Floor

Uniondale, N.Y. 11566

516 522-2828

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 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'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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that assigned counsel 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]).

MASTRO, J.P., SPOLZINO, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court