Appellate Division: Second Judicial Department

M85065

E/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11466, 2008-11467, 2008-11469, 2008-11470, 2008-11492 In the Matter of Michael T. M. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Steven M. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Mark A. M. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Steven M. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Michelle E. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Steven M. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Christopher J. P. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Steven M. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of John W. P. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Steven M. (Anonymous), et al., appellants. (Proceeding No. 5) (Docket Nos. B-789/04, B-2890/03, B-2891/03, B-4925/04, B-4926/04) (Docket No. B-2891-03)

ORDER ON CERTIFICATION

ORDERED that the order on certification of this court dated March 9, 2009, in the above-entitled matter, which assigned Tennille Michelle Tatum-Evans, Esq., 966 St. Nicholas Ave., New York, N. Y. 10032, 347-654-6660, as counsel to prosecute an appeal by Wendy P. from an order of the Family Court, Richmond County, dated November 18, 2008 (Appellate Division Docket No. 2008-11466), is recalled and vacated and the following order on certification is substituted therefor:

Separate appeals by Steven M. and Wendy P. from five orders of the Family Court, Richmond County, all dated November 18, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard D. Katz, Esq., dated February 23, 2009, it is

ORDERED that the appellant Wendy P. is granted leave to proceed as a poor person on the appeals pending under Appellate Division Docket Nos. 2008-11466 and 2008-11492, and the following named attorney, who has been assigned to prosecute the remaining three appeals on behalf of Wendy P., is assigned to prosecute the above-referenced appeals:

Tennille Michelle Tatum-Evans, Esq.

966 St. Nicholas Ave.

New York, N. Y. 10032

347-654-6660

and it is further,

ORDERED that assigned counsel for Wendy P. shall promptly attempt to contact the appellant Wendy P. at the address provided by the court, and on or before April 24, 2009, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Wendy P. is interested in prosecuting the appeals, or

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

ORDERED that the appeals 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 Wendy P. 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]).

FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, 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.