Appellate Division: Second Judicial Department

M120242

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02941, 2011-03510 In the Matter of Iouke B. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 1) In the Matter of Jacoqua V. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 2) In the Matter of Mahaadai D. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 3) In the Matter of Naihaem D. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 4) In the Matter of Marhosheda L. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 5) In the Matter of Ahsunaiya A. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), et al., respondents-appellants; Larry S. Bachner, nonparty-appellant. (Proceeding No. 6) (Docket Nos. N-181/07, N-182/07, N-183/07, N-184/07, N-185/07, N-186/07)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Terrence H. from two orders of the Family Court, Queens County, dated March 9, 2011, and September 8, 2010, respectively, and separate appeals by Rhonda H. and Larry S. Bachner, attorney for the children, from the order dated March 9, 2011. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Seymour Zager, Esq., dated April 15, 2011, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal on behalf of Rhonda H.:

Seymour Zager, Esq.

300 East 74th Street, # 28C

New York, N.Y. 10021

(212)772-6006

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 parties. 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 counsel for Rhonda H., 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 counsel for Rhonda H. Counsel for Rhonda H. is directed to provide copies of said transcripts to counsel for the petitioner-respondent, when counsel for Rhonda H. serves a brief upon that party; and it is further,

ORDERED that counsel for Rhonda H. shall serve a copy of this order upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that the appeal by Rhonda H. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by her assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this order, the assigned counsel for Rhonda H. 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 any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

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 Mr. Rose. Please contact him at 718-722-6487 with any questions.