Appellate Division: Second Judicial Department

M89391

M/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-04900 In the Matter of Isabella D. (Anonymous), a/k/a Isabella M. (Anonymous). Mercyfirst, et al., respondents; Harriet M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Laura M. (Anonymous), a/k/a Isabella M. (Anonymous). Mercyfirst, et al., respondents; Harriet M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Faith M. (Anonymous), a/k/a Isabella M. (Anonymous). Mercyfirst, et al., respondents; Harriet M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-19963-04, B-19965-04, B-19966-04)

ORDER ON CERTIFICATION Assignment of Counsel and Consolidation

Appeals by Harriet M. from three orders of the Family Court, Kings County, all dated April 1, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Francine Shraga, Esq., dated July 1, 2009, it is

ORDERED that on the court's own motion, the appeals under Appellate Division Docket Nos. 2009-04900, 2009-04901, and 2009-04903 are consolidated; and it is further,

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

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

(631) 514-5547

and it is further,

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

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

(2) the appellant is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, 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 appellant, the respondent, and the attorney for the child, if any. The parties are directed to file eleven 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, 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.