Matter of D. (Anonymous), Arique; D. (Anonymous), Joseph;
Motion No: 2012-06283
Slip Opinion No: 2012 NY Slip Op 79403(U)
Decided on July 19, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M140723

S/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-06283

In the Matter of Arique D. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 1)

In the Matter of Joseph D. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 2)

In the Matter of Elizavetha V. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 3)

In the Matter of Jason D. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 4)

In the Matter of Benjamin D. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 5)

In the Matter of Aalyah V. (Anonymous).

Administration for Children's Services, respondent;

Elizabeth A. (Anonymous), et al., appellants.

(Proceeding No. 6)

(Docket Nos. NN-00260-10, NN-00261-10, NN-00262-10,

NN-00263-10, NN-00264-10, NN-00265-10)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeal by Elizabeth A. and separate appeal by Andrew V. from an order of the Family Court, Richmond County, dated June 4, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Rosa Tragni, Esq., dated June 2012, it is

ORDERED that the appellant Andrew V. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Frank A. Buono, Esq.

442 Mason Ave.

Staten Island, New York 10305

718-987-0600

;and it is further,

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

(1) the appellant Andrew V. is interested in prosecuting the appeal, or

(2) the appellant Andrew V. is not interested in prosecuting the appeal, or that he or she 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 appellants, 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 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 upon a determination that the appellant Andrew V. is interested in proceeding with the appeal, 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.