Appellate Division: Second Judicial Department

M101307

M/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-01847, 2010-01848 In the Matter of Tatiana F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Zoe F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Samuel F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Natasha F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Noah F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Victoria F. (Anonymous). Administration for Children's Services, respondent; Kevin F. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. NA-13174-07, NA-13175-07, NA-13176-07, NA-13177-07, NA-13178-07, NA-13179-07)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Kevin F. from two orders of the Family Court, Kings County, dated July 20, 2009, and October 22, 2009, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Denise J. Costanza, Esq., dated March 30, 2010, 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 appeals:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant, at the address provided by the court, and shall notify the Case Manager assigned to the appeals on or before May 6, 2010, in writing, that he has done so and that either

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

(2) the appellant is not interested in prosecuting the appeals, or that hehas been unable to contact the appellant, 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 briefs of the appellant, the respondent, and the Law Guardian, 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 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 Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.