Appellate Division: Second Judicial Department

M118738

E/mv

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02120, 2011-02123, 2011-02125 In the Matter of Anastazia R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; William M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jonathan I. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; William M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Julianna M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; William M. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of William M. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; William M. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-11269/09, N-11270/09, N-11272/09, N-16715/10)

DECISION & ORDER ON MOTION

Appeals by William M. from two orders and a decision of the Family Court, Suffolk County, all dated February 16, 2011.

On the Court's own motion, it is

ORDERED that the appeal from the decision (Appellate Division Docket No. 2011-02120) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the appeals from the orders are consolidated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Valerie M. Zuckerman, Esq., dated March 29, 2011, it is

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:

Arza R. Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, N.Y. 11556

(516) 522-2828

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 May 3, 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 10 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.