Appellate Division: Second Judicial Department

M136887

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-05529 In the Matter of Alexandria S. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Alexander S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Dylan S. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Alexander S. (Anonymous), appellant, et al., respondent. (Proceeding No.2) (Docket Nos. N-4124/10, N-4125/10, N-5122/10, N-5123/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate an order on application of this Court dated August 29, 2011, which granted an application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated March 4, 2011, for poor person relief, for the assignment of counsel, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the order on application of this Court dated August 29, 2011, is granted, the order on application of this Court dated August 29, 2011, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are granted; and it is further,

ORDERED that the appeal 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 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 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 appeal, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

917-660-8758

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal is denied.

DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court