Appellate Division: Second Judicial Department

M143452

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-07641 Matter of Jaqwan H. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Shahida H. (Anonymous), appellant-respondent. (Proceeding No. 1) Matter of Qua Nay H. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Shahida H. (Anonymous), appellant-respondent. (Proceeding No. 2) (Docket Nos. N-7912/09, N-18341/11)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Shahida H. and cross appeal by the Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated July 10, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Rachel A. Camillery, Esq., dated August 1, 2012, it is

ORDERED that the appellant-respondent is granted leave to proceed as a poor person on the appeal and cross appeal, and the following named attorney is assigned as counsel to prosecute her appeal:

Del Atwell, Esq.

39 5th Street

East Hampton, N.Y. 11937

631-267-2067

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant-respondent at the address provided by the Court, and on or before September 28, 2012, shall notify the Case Manager assigned to the appeal and cross appeal, in writing, that he has done so and that either

(1) the appellant-respondent is interested in prosecuting her appeal, or

(2) the appellant-respondent is not interested in prosecuting her appeal, or that he has been unable to contact the appellant-respondent, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant-respondent, the respondent-appellant; 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-respondent's assigned 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 appellant-respondent's assigned counsel. Assigned counsel for the appellant-respondent is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeal, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the appellant-respondent's assigned counsel shall prosecute her 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-respondent is interested in proceeding with her appeal, the appellant-respondent's assigned counsel is directed to serve a copy of this order on certification upon the clerk of the court from which the appeal and cross appeal 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.