Appellate Division: Second Judicial Department

M101319

M/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-03182 In the Matter of Amber Gold J. (Anonymous). Administration for Children's Services, respondent; Vanessa J. (Anonymous), et al., appellants. (Docket No. NN-15465-07)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Vanessa J. and Marvin J. from an order of the Family Court, Queens County, dated March 5, 2010. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of N. Lee Elmore, Esq., dated March 29, 2010, it is

ORDERED that the appellant Marvin J. 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 Marvin J.:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, N.Y. 10301

718-448-9600

and it is further,

ORDERED that assigned counsel for Marvin J. shall promptly attempt to contact the appellant Marvin J., 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 she has done so and that either

(1) the appellant Marvin J. is interested in prosecuting the appeal, or

(2) the appellant Marvin J. is not interested in prosecuting the appeal, or that she has been unable to contact the appellant Marvin J., 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 appellants, 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 Marvin J.'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 for Marvin J. Assigned counsel for Marvin J. 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 the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel for Marvin J. 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 Marvin J. is interested in proceeding with the appeals, the assigned counsel for Marvin J. 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.