Appellate Division: Second Judicial Department

M97850

M/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10406 In the Matter of Kalexis R. (Anonymous), appellant. (Docket No. D-00346-09)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Kalexis R. from an order of the Family Court, Queens County, dated July 8, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lesley J. Lanoix, Esq., dated January 14, 2010, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the juvenile on the appeal:

Mark W. Brandys, Esq.

225 Broadway, Suite 1800

New York, New York 10007

(212) 938-0160

and it is further,

ORDERED that Lesley J. Lanoix, Esq., is directed to turn over all papers in the proceeding to the new attorney for the juvenile herein assigned; 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 attorney for the juvenile and the respondent(s). 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 attorney for the juvenile, 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. The attorney for the juvenile is directed to provide copies of said transcripts to all of the other parties to the appeal, when the attorney for the juvenile serves a brief upon those parties; and it is further,

ORDERED that within 30 days after the date of this order, the attorney for the juvenile shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

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.