Appellate Division: Second Judicial Department

M114945

E/sl

JOSEPH COVELLO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-08886 In the Matter of Janelle C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sean R. (Anonymous), appellant, et al., respondent. (Docket No. AS-6331-10)

DECISION AND ORDER ON MOTION

Appeal by Sean R. from an order of the Family Court, Suffolk County, dated July 26, 2010. By order to show cause dated November 5, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by Sean R., in effect, for poor person relief and for the assignment of counsel.

Now, on the Court's own motion, and the papers filed in response to the order to show cause, and upon the papers filed in support of the motion by Sean R. and no papers having been filed in opposition or in relation thereto, it is

ORDERED that motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by Sean R. is granted; 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 appellant, 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, 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 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Marina Martielli, Esq.

P.O. Box 407

E. Quogue, New York 11942

(631) 728-2654

and it is further,

ORDERED that the assigned counsel 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this order, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that this order has been served upon the Clerk of the court from which the appeal is taken, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court