Appellate Division: Second Judicial Department

M94033

M/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-07551 In the Matter of Amber C. (Anonymous). Mercy First, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Tiffany C. (Anonymous). Mercy First, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jordan C. (Anonymous). Mercy First, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Astrid C. (Anonymous). Mercy First, respondent; Angelica C. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. B-13345-07, B-13346-07, B-13347-07, B-13348-07)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Angelica C. and John R. from an order of the Family Court, Kings County, dated August 10, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Elliot Green, Esq., dated October 7, 2009, it is

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

Salvatore C. Adamo, Esq.

350 Fifth Avenue - 59th Floor

New York, New York 10118

(212) 964-7983

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant John R. at the address provided by the court, and on or before November 16, 2009, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant John R. is interested in prosecuting the appeal, or

(2) the appellant John R. is not interested in prosecuting the appeal, 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 appeal by John R. 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 for the appellant John R. 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 for the appellant John R. 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 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.

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