Appellate Division: Second Judicial Department

M126260

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-06444 In the Matter of Shade B. (Anonymous). Administration for Children's Services, respondent; Denzil B. (Anonymous), et al., appellants. (Docket No. N-3745/10)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Denzil B. and Sheryl B. from an order of the Family Court, Kings County, dated April 26, 2011. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Seth A. Myles, Esq., dated September 6, 2011, it is

ORDERED that the appellant Denzil B. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute his appeal:

Richard L. Herzfeld, Esq.

61 Broadway, Suite 1601

New York, N.Y. 10006

212-818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Denzil B. at the address provided by the Court, and on or before October 11, 2011, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Denzil B. is interested in prosecuting the appeal, or

(2) the appellant Denzil B. is not interested in prosecuting the appeal, or that he has been unable to contact the appellant Denzil B., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal by Denzil B. 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, 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 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 the assigned counsel shall prosecute the appeal by Denzil B. 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 Denzil B. is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.