Appellate Division: Second Judicial Department

M98568

E/ct

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-10399 In the Matter of Nathanal C. (Anonymous). Administration for Children's Services, respondent; Dimas C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Lizette C. (Anonymous). Administration for Children's Services, respondent; Dimas C. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. NN-12496-09, NN-124979-09)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant Dimas C. on appeals from an order of the Family Court, Queens County, dated October 8, 2009, for poor person relief, and the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal of Dimas C. 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 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, 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 children, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal of Dimas C.:

Jeffrey C. Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal of Dimas C 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court