Appellate Division: Second Judicial Department

M117076

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-01936, 2011-01937 In the Matter of Seth P. (Anonymous), respondent, v Margaret D. (Anonymous), et al., appellants. (Docket Nos. P-12540/08, P-12541/08)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Margaret D. and Terrance D. from two orders of the Family Court, Kings County, both dated January 19, 2011. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Francine J. Silverstein, Esq., dated February 14, 2011, it is

ORDERED that the appellants are granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

(212) 876-8335

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellants at the address provided by the court, and on or before March 31, 2011, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellants are interested in prosecuting the appeals, or

(2) the appellants are not interested in prosecuting the appeals, or that he has been unable to contact the appellants, 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 attorney for the children, 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 appellants' 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 attorney for the children, if any, when counsel serves the appellants' 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 appellants are 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 DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.