Appellate Division: Second Judicial Department

M141161

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-05466 In the Matter of Shaelise Dominique Cartwright, respondent, v Charles Simms, et al., appellants. (Docket Nos. V-14558-10/11A, V-14559-10/11A V-14561-10/11A V-14562-10/11A)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Charles Simms and Tanachee Babbitt from an order of the Family Court, Westchester County, dated June 1, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Andrew W. Szczesniak, Esq., dated June 15, 2012, it is

ORDERED that the appellants are granted leave to proceed as poor persons on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Lauren B. Glenn, Esq.

8 Bretton Ridge

Bedford Corners, N.Y. 10549

914-536-4143

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellants at the address provided by the Court, and on or before August 10, 2012, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellants are interested in prosecuting the appeal, or

(2) the appellants are not interested in prosecuting the appeal, or that she has been unable to contact the appellants, and wishes to be relieved of the assignment; 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 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 appellants' 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 appellants are 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 appeal is 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.