Matter of K. (Anonymous), Kathleen; K. (Anonymous), R
Motion No: 2009-01414
Slip Opinion No: 2009 NY Slip Op 78005(U)
Decided on July 15, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M89430

M/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-01414, 2009-04929, 2009-05928

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)

In the Matter of Suffolk County Department

of Social Services, petitioner-respondent,

v Steven K. (Anonymous), appellant et al.,

respondent.

(Proceeding No. 3)

(Docket Nos. N-9601-07, N-9602-07,

B-10230-09, B-10230-09)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeals by Steven K. from three orders of the Family Court, Suffolk County, dated January 22, 2009 (Appellate Division Docket Number 2009-01414), May 9, 2009 (Appellate Division Docket Number 2009-04929), and June 2, 2009 (Appellate Division Docket Number 2009-05928). Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Valerie M. Zuckerman, Esq., dated July 2, 2009, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal from the order dated June 2, 2009 (Appellate Division Docket Number 2009-05928), and the following named attorney is assigned as counsel to prosecute the appeals:

Steven Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

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; 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 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 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]); and it is further,

ORDERED that the assigned counsel 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 on the court's own motion, the appeals docketed under Appellate Division Docket Nos. 2009-01414, 2009-04929, and 2009-05928 are consolidated, and 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 pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until August 31, 2009.

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 Mr. Rose. Please contact him at 718-722-6487 with any questions.