Appellate Division: Second Judicial Department

M91157

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A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-06424 In the Matter of Lisbeth H. (Anonymous). Nassau County Department of Social Services, respondent; Ramon R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina R. (Anonymous). Nassau County Department of Social Services, respondent; Ramon R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-3268-08, N-3269-08)

ORDER ON CERTIFICATION

Separate appeals by Ramon R. and Noemy H. from an order of the Family Court, Nassau County, dated June 19, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of John Schlingheyde, Esq., dated July 27, 2009, it is

ORDERED that the appellant Noemy H. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute her appeal:

Elaine Jackson Stack, Esq.

666 Old Country Road - Suite 600

Garden City, New York 11530

(516) 222-0005

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Noemy H. at the address provided by the court, and on or before September 8, 2009, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Noemy H. is interested in prosecuting her appeal, or

(2) the appellant Noemy H. is not interested in prosecuting her appeal, or that she has been unable to contact Noemy H., 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 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 a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal of Noemy H. 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 Noemy H. is interested in proceeding with her 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.