Appellate Division: Second Judicial Department

M89245

M/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-05230 In the Matter of Keynyha Shante Marie B. (Anonymous). Administration for Children's Services, petitioner-respondent ; Craig B. (Anonymous), et al., appellants. (Docket No. B-1064-07)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Craig B. And Tuwanda Marie G. from an order of the Family Court, Kings County, dated April 13, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Ira H. Goldstein, Esq., dated May 29, 2009, it is

ORDERED that the appellant Craig B. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of the appellant Craig B.:

Zvi Ostrin, Esq.

130 7th Avenue - Suite 206

New York, New York 10011

(917) 579-1371

and it is further,

ORDERED that assigned counsel for Craig B. shall promptly attempt to contact that appellant at the address provided by the court, and on or before July 31, 2009, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Craig B. is interested in prosecuting his appeal, or

(2) the appellant Craig B. is not interested in prosecuting his appeal, or that he has been unable to contact the appellant Craig B., 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 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 counsel for the appellant Craig B., 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 Craig B. 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 Craig B. shall prosecute that 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 Craig B. 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 appeals are taken.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, 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.