Appellate Division: Second Judicial Department

M106171

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-03218 In the Matter of Joshya B. (Anonymous). Administration for Children's Services, respondent; Sheree B. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Adjustice B. (Anonymous). Administration for Children's Services, respondent; Sheree B. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Anaya W. (Anonymous). Administration for Children's Services, respondent; Sheree B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. NA-20913-08, NA-20914-08, NA-20915-08)

DECISION & ORDER ON MOTION

Separate appeals by Sheree B. and Daquan W. from an order of the Family Court, Queens County, dated March 1, 2010. By order to show cause dated June 24, 2010, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal by Daquan W. in the above-entitled proceeding for failure to comply with a scheduling order dated April 16, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion to dismiss the appeal by Daquan W. is denied; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Terrence J. Worms, Esq., dated June 24, 2010, it is

ORDERED that the appellant Daquan W. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute his appeal:

Frank A. Buono, Esq.

442 Mason Avenue

Staten Island, New York 10305

(718) 987-0600

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Daquan W. at the address provided by the court, and on or before August 18, 2010, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Daquan W. is interested in prosecuting her appeal, or

(2) the appellant Daquan W. is not interested in prosecuting her appeal, or that he has been unable to contact the appellant Daquan W., and wishes to be relieved of the assignment; and it is further,

ORDERED that upon a determination that the appellant Daquan W. is interested in proceeding with her 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.

SKELOS, J.P., LEVENTHAL, CHAMBERS and HALL, 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.