Appellate Division: Second Judicial Department

M94342

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-07551, 2009-09673, 2009-09674, 2009-09676, 2009-09677 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

ORDERED that the order on certification of this court dated November 5, 2009, in the above-entitled appeal is recalled and vacated, and the following order on certification is substituted therefor:

Separate appeals by Angelica C. and John R. from an order of the Family Court, Kings County, dated August 10, 2009, and four orders of the same court dated October 6, 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 appeals on behalf of the appellant John R.:

Elliot Green, Esq.

188 Montague Street - 10th Floor

Brooklyn, New York 11201

(718) 260-8668

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 30, 2009, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

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

(2) the appellant John R. 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 are consolidated and the parties are directed to file 13 copies of their respective briefs; and it is further,

ORDERED that the appeals 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 13 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 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 the appellant John R. 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 appeals, 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, 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.