Appellate Division: Second Judicial Department

M136483

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-01916, 2012-02915 In the Matter of Tarmara F. J. (Anonymous), also known as Tamara J. (Anonymous). New York Foundling Hospital, respondent; Jaineen J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Benjamin W. J. (Anonymous), etc. New York Foundling Hospital, respondent; Jaineen J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-18713/08, B-18714/08)

DECISION & ORDER ON MOTION

Appeals by Jaineen J. from two orders of the Family Court, Queens County, both dated February 3, 2011. The appellant was granted poor person relief on April 3, 2012, and the following named attorney was assigned to prosecute the appeals:

Christina Brandt-Young, Esq.

c/o New York Legal Assistance Group

7 Hanover Sq., 18th Floor

New York, N.Y. 10004

212-613-5086

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeals is relieved of the assignment and is directed to turn over all papers in the matter 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 appeals:

Matthew M. Lupoli, Esq.

167-16 Northern Boulevard

P.O. Box 580283

Flushing, N.Y. 11358

718-539-0622

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before May 3, 2012, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; 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 children, if any. The parties are directed to file ten 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 the appellant's 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 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 children, if any, when counsel serves the appellant's brief upon those parties; 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 upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order 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.