Appellate Division: Second Judicial Department

M95156

M/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10445 In the Matter of Christina R. (Anonymous). Nassau County Department of Social Services, respondent: Ramon R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Lisbeth H. (Anonymous). Nassau County Department of Social Services, respondent: Ramon R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. NA-03268-08, NA-03269-08)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Ramon R. annd Noemy H. from an order of the Family Court, Nassau County, dated October 5, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of John Schlingheyde, Esq., dated October 29, 2009, it is

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 appeal on behalf of the appellant Noemy H.:

Elaine Jackson Stack, Esq.

666 Old Country Road, Suite 600

Garden City, New York 11530

(516) 222-00005

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 shall notify the Case Manager assigned to the appeals on or before December 21, 2009, in writing, that she has done so and that either

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

(2) the appellant Noemy H. is not interested in prosecuting the appeal, or that she has been unable to contact the appellant 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 respective briefs of the appellants, the respondent, and the attorney or attorneys for the children, 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 assigned counsel for the appellant Noemy H., 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 Noemy H. 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 that appellant 's brief upon those parties; and it is further,

ORDERED that the assigned counsel for Noemy H. 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 Noemy H. 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 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.