Appellate Division: Second Judicial Department

M142778

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-04798 In the Matter of Eddie Z. B. (Anonymous). Administration for Children's Services, petitioner-respondent; Henrietta W. (Anonymous), et al., appellants. (Docket No. N-22770/09)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Henrietta W. and Reginald M. from an order of the Family Court, Kings County, dated May 3, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Alan Smilowitz, Esq., dated August 23, 2012, it is

ORDERED that the appellant Reginald M. 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 on behalf of Reginald M.:

Alan Smilowitz, Esq.

676 Knollwood Drive

West Hempstead, N.Y. 11552

516-565-9573

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Reginald M. at the address provided by the Court, and on or before September 11, 2012, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) that appellant Reginald M. is interested in prosecuting the appeal, or

(2) that appellant Reginald M. is not interested in prosecuting the appeal, or that she has been unable to contact Reginald M., 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 child, 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 appeals, including the attorney for the child, 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 Reginald M. is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order on certification 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.