Appellate Division: Second Judicial Department

M128710

E/mv

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-09556, 2011-07546, 2011-07552 2011-08373, 2011-08375, 2011-08937 In the Matter of Forrest S.-R. (Anonymous). Administration for Children's Services, petitioner-respondent; Shirley X. S. (Anonymous), appellant; Forrest R. (Anonymous), nonparty-respondent. (Matter Nos. 1 - 5) The People, etc., ex rel., Shirley X. S. (Anonymous), appellant, v Forrest R. (Anonymous), respondent. (Matter No. 6) (Docket No. NN-19849-10; Index No. 17631/11)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated March 18, 2011, which dismissed an appeal from an order of the Family Court, Kings County, dated August 24, 2010, to reinstate the appeal, to consolidate the appeal with appeals from four orders of the same court dated July 19, 2011 (two orders), August 11, 2011, and August 12, 2011, respectively, and an order of the Supreme Court, Kings County, dated August 11, 2011, and for poor person relief. Separate motion by the appellant for poor person relief and for the assignment of Pamela D. Hayes as counsel.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this Court dated March 18, 2011, and to reinstate the appeal from the order dated August 24, 2010 (Appellate Division Docket No. 2010-09556), is granted, and the decision and order on motion of this Court dated March 18, 2011, is recalled and vacated; and it is further,

ORDERED that the branches of the motion which are for poor person relief and to consolidate the appeals are granted; 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 child, 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; 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is for the assignment of Pamela D. Hayes as counsel is granted to the extent that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals, and that branch of the motion is otherwise denied:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, N.Y. 11963

631-514-5547

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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court