Appellate Division: Second Judicial Department

M131462

E/mv

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-07143 In the Matter of Ameena B. (Anonymous). Administration for Children's Services, respondent; Charria B. (Anonymous), appellant. (Docket No. B-560/06)

DECISION & ORDER ON MOTION

Appeal by Charria B. from an order of the Family Court, Kings County, dated May 27, 2011. By order on certification of this Court dated September 16, 2011, the appellant was granted poor person relief, and the following attorney was assigned as counsel for the appellant on the appeal and was directed, inter alia, to contact the appellant and determine the appellant's interest in perfecting the appeal:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, N.Y. 11963

631-514-5547

By order to show cause dated November 18, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding on the ground that assigned counsel had been unable to contact the appellant.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, counsel assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

61 Broadway, Suite 1900

New York, N.Y. 10006

212-818-9019

and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the 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, if 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 scheduling order, the assigned counsel 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 appeal; 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 the order on certification of this Court dated September 16, 2011, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the 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 appeal to show cause why the appeal should or should not be dismissed.

SKELOS, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.