Appellate Division: Second Judicial Department

M135876

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-01330 In the Matter of Aniyah Mc. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Ann Marie Mc. (Anonymous), appellant. (Docket No. N-6245/08)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Aniyah Mc. and Ann Marie Mc. from an order of the Family Court, Kings County, dated January 31, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gail R. Rich, Esq., dated April 2, 2012, it is

ORDERED that the appellant Ann Marie Mc. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute her appeal:

Richard L. Herzfeld, Esq.

104 W. 40th Street, 20th Floor

New York, N.Y. 10018

212-818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Ann Marie Mc. at the address provided by the Court, and on or before April 27, 2012, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) that appellant Ann Marie Mc. is interested in prosecuting her appeal, or

(2) that appellant Ann Marie Mc. is not interested in prosecuting her appeal, or that he has been unable to contact the appellant Ann Marie Mc., and wishes to be relieved of the assignment;

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 parties, who 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, 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 assigned 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, when counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeal by Ann Marie Mc. 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 upon a determination that the appellant Ann Marie Mc. is interested in proceeding with her appeal, assigned counsel is directed to serve a copy of this order on certification upon the clerk of the court from which the appeals are taken.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, 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.