Appellate Division: Second Judicial Department

M132306

E/mv

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-04114, 2011-04115 In the Matter of Kyanna T. (Anonymous). Administration for Children's Services, respondent; Winston R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Jamella R. (Anonymous). Administration for Children's Services, respondent; Winston R. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Ken T. (Anonymous). Administration for Children's Services, respondent; Winston R. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Isiaiah R. (Anonymous). Administration for Children's Services, respondent; Winston R. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. N-1022/07, N-1023/07, N-1024/07, N-30880/09)

DECISION & ORDER ON MOTION

Appeals by Winston R. and June R. from two orders of the Family Court, Kings County, dated March 19, 2010, and February 22, 2011, respectively. By order to show cause dated December 20, 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 dismissing the appeal by Winston R. in the above-entitled proceedings for failure to comply with a scheduling order dated May 12, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]). Motion by the appellant Winston R. for leave to prosecute the appeal as a poor person and for the assignment of counsel. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the appellant Winston R. and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal by the appellant Winston R. is denied; and it is further,

ORDERED that the motion by the appellant Winston R. is granted, and pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute his appeal:

Salvatore C. Adamo, Esq.

350 Fifth Avenue - 59th Floor

New York, N.Y. 10118

212-964-7983

and it is further,

ORDERED that the Clerk of the Court, or her designee, shall furnish a copy of the transcript to the attorney for the appellant Winston R.; and it is further,

ORDERED that assigned counsel is directed to 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 application is denied as premature in light of the foregoing and on the Court's own motion, the scheduling order dated December 14, 2011, is recalled and vacated.

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court