Appellate Division: Second Judicial Department

M88700

M/cb

REINALDO E. RIVERA , J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG , JJ.

2008- 09378, 2009-04572, 2009-04573 In the Matter of Jessica D. (Anonymous). Coalition for Hispanic Family Services, et al., petitioners-respondents; Florence D. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Barline D. (Anonymous). Coalition for Hispanic Family Services, et al., respondents; Florence D. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Bernardo D. (Anonymous). Coalition for Hispanic Family Services, et al., respondents; Florence D. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. B-19708-03, B-19709-03, B-19710-03)

ORDER ON CERTIFICATION

Appeals by Florence D. from an order of the Family Court Kings County, dated August 29, 2008 (Appellate Division Docket Number 2008-09378), and two orders of the same court, both dated March 31, 2009 (Appellate Division Docket Numbers 2009-04572 and 2009-04573), and separate appeals by Bernard D. from the two orders dated March 31, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certifications of Joan N. G. James, Esq., under Appellate Division Docket Numbers 2009-04572 and 2009-04573, both dated April 8, 2009, and Joan N. G. James, Esq., having been assigned to represent the appellant Florence D. on the appeal under Appellate Division Docket Number 2008-09378 by order on certification of this court dated December 23, 2008, it is

ORDERED that the appellant Florence D. is granted leave to proceed as a poor person on the appeals under Appellate Division Docket Numbers 2009-04572 and 2009-04573, and the following named attorney is assigned as counsel to prosecute the appeals on behalf of the appellant Florence D.:

Joan N.G. James, Esq.

26 Court Street, Suite 1710

Brooklyn, N.Y. 11242

718-906-1128

and it is further,

ORDERED that the appeals under Appellate Division Docket Numbers 2009-04572 and 2009-04573 by the appellant Florence D. 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 (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 under Appellate Division Docket Numbers 2009-04572 and 2009-04573, 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 assigned counsel for the appellant Florence D., 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 appeals, 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 for the appellant Florence D. 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]); and it is further,

ORDERED that the assigned counsel for the appellant Florence D. is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further

ORDERED that the above-entitled appeals under Appellate Division Docket Numbers 2008-09378, 2009-04572, and 2009-04573 are consolidated, and the parties shall file 11 copies of their respective briefs.

RIVERA, J.P., FLORIO, DICKERSON and ENG, 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.