Appellate Division: Second Judicial Department

M129662

T/sl

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 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. (Appeal Nos. 1 - 5) (Docket No. NN-19849-10)

DECISION & ORDER ON MOTION

2011-08937

The People, etc., ex rel., Shirley X. S. (Anonymous),

appellant, v Forrest R. (Anonymous), respondent.

(Appeal No. 6)

(Index No. 17631/11)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 28, 2011, in the above-entitled appeals is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 branch of the motion which is to consolidate the appeals is granted to the extent that the appeals from the five orders of the Family Court, Kings County (Appellate Division Docket Nos. 2010-09556, 2011-07546, 2011-07552, 2011-08373, and 2011-08375) are consolidated, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the five orders of the Family Court, Kings County, shall be heard together with the appeal from the order of the Supreme Court, Kings County (Appellate Division Docket No. 2011-08937), and shall be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for poor person relief is 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 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; in the case of stenographers, both transcripts of any proceedings in either court shall be filed with the clerk of the court in which the transcribed proceeding was held, and the clerks of those courts shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript of any proceedings in either court shall be filed with the clerk of the court in which the transcribed proceeding was held, 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 counsel is granted to the extent that pursuant to Family Court Act § 1120 and Judiciary Law § 35 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 clerks of the respective courts from which these appeals have been taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court