Appellate Division: Second Judicial Department

M100402

M/ct

2010-01698 respondent, v Surie Feldman, respondent- respondent; Attorney for the Children, nonparty-appellant. (Docket Nos. V-3323-09, V-3324-09)

ORDER ON CERTIFICATION Assignment of Counsel In the Matter of Sholem Feldman, petitioner-

Appeal by the attorney for the children from an order of the Family Court, Orange County, dated January 25, 2010. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jodi Appel-Kaplan, Esq., dated March 1, 2010, it is

ORDERED that the leave to proceed as a poor person on the appeal is granted, and the following named attorney is assigned as the attorney for the children to prosecute the appeal:

Susan A. Ferlauto, Esq.

980 Broadway

Thornwood, N.Y., 10594

914-747-3430

and it is further,

ORDERED that Jodi Appel-Kaplan, Esq., is directed to turn over all papers in the proceeding to the new attorney for the children 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 parties. 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 children, 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 attorney for the children. The attorney for the children is directed to provide copies of said transcripts to all of the other parties to the appeal when counsel serves a brief upon those parties; and it is further,

ORDERED that the attorney for the children 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 attorney for the children is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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.