Appellate Division: Second Judicial Department

M118748

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-01943, 2011-01944, 2011-01947 In the Matter of Kyshawn F. (Anonymous). Nassau County Department of Social Services, respondent; Nellie M.-F. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shanea R. (Anonymous). Nassau County Department of Social Services, respondent; Nellie M.-F. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shannen F. (Anonymous). Nassau County Department of Social Services, respondent; Nellie M.-F. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-11839-08, B-11840-08, B-11841-08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its order on certification dated April 4, 2011, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeals by Nellie M.-F. from three orders of the Family Court, Nassau County, all dated December 22, 2010. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Elaine Miller, Esq., dated March 14, 2011, it is

ORDERED that on the Court's own motion, the appeals docketed under Appellate Division Docket Nos. 2011-01943, 2011-01944, 2011-01947 are consolidated; and it is further,

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

Amy Colvin, Esq.

2350 Broadhollow Road

Farmingdale, N.Y. 11735

(631) 424-8495

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before April 29, 2011, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, 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 appellant, the respondent, and the attorney for the children, if any. The parties are directed to file 11 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'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 appeals, including the attorney for the children, if any, when counsel serves the appellant's 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 appellant is 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.