Appellate Division: Second Judicial Department

M135700

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-06459, 2012-01929 In the Matter of Naajib J. (Anonymous), appellant. (Docket Nos. D-5873/10, D-5545/10, E-5303/11)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Family Court, Orange County, dated June 20, 2011, and November 29, 2011, respectively, for poor person relief and the assignment of counsel with respect to the appeal from the order dated November 29, 2011, and to enlarge the time to perfect the appeal from the order dated June 20, 2011. By order of certification dated August 3, 2011, the appellant was granted poor person relief on the appeal from the order dated June 20, 2011. By decision and order on motion dated August 25, 2011, George E. Reed, Jr., was assigned as counsel on that appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the parties shall file 10 copies of their respective briefs and serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the juvenile on the appeal from the order dated November 29, 2011 (Appellate Division Docket No. 2012-01929):

George E. Reed, Jr., Esq.

222 Mamaroneck Avenue - #303

White Plains, N.Y. 10605

914-946-5000

and it is further,

ORDERED that Richard W. Lentino, Esq., is directed to turn over all papers in the proceeding to the new attorney for the juvenile herein assigned; and it is further,

ORDERED that the appeal from the order dated November 29, 2011, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the attorney for the juvenile and the respondent(s); 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 with respect to the order dated November 29, 2011, 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 attorney for the juvenile, 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 attorney for the juvenile. The attorney for the juvenile is directed to provide copies of said transcripts to all of the other parties to the appeals, when the attorney for the juvenile serves a brief upon those parties; and it is further,

ORDERED that attorney for the juvenile shall serve a copy of this decision and order on motion upon the Clerk of the Court from which the appeals are taken; and it is further,

ORDERED that the appeal from the order dated November 29, 2011, in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the juvenile of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the juvenile 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 decision and order on motion, the attorney for the juvenile 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 with respect to the order dated November 29, 2011, to be transcribed for that 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 this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal from the order dated November 29, 2011; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal from the order dated November 29, 2011, should or should not be dismissed; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated June 20, 2011 (Appellate Division Docket No. 2011-06459), by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling orders issued by the Clerk of this Court (22 NYCRR 670.4, et seq.).

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court