Appellate Division: Second Judicial Department

M105843

M/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-06051 In the Matter of E. (Anonymous). Nicole R. (Anonymous), respondent; Serena P. (Anonymous), et al., appellants. (Docket No. A-149-08)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Serena P. and Brian Keith P. from an order of the Family Court, Kings County, dated May 13, 2010. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Michael S. Somma, Esq., dated July 1, 2010, it is

ORDERED that the appellant Brian Keith P. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of the appellant Brian Keith P.:

Joan N.G. James, Esq.

26 Court Street, Suite 1710

Brooklyn, N.Y. 11242

718-906-1128

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Brian Keith P. at the address provided by the court, and on or before August 10, 2010, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Brian Keith P. is interested in prosecuting the appeal, or

(2) the appellant vis not interested in prosecuting the appeal, or that she has been unable to contact that appellant, and wishes to be relieved of the assignment; 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 appellants, the respondent, and the attorney for the child, 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 counsel for the appellant Brian Keith P., 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 for the appellant Brian Keith P. is directed to provide copies of said transcripts to all of the other parties to the appeal, 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 the appellant Brian Keith P. 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 Brian Keith P. is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is 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.