Appellate Division: Second Judicial Department

M144927

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-08979, 2012-09259, 2012-09260 In the Matter of Ti-Jaye F. C. L. B. (Anonymous), also known as Ti-Jaye B. (Anonymous), also known as Tijaye B. (Anonymous). Mercy First, et al., petitioners-respondents; Mister D. B. (Anonymous), appellant, et al., respondent. In the Matter of Jaiz'mek Z. L.-S. B. (Anonymous), also known as Jaiz'mek B. (Anonymous), also known as Jaizmek B. (Anonymous). Mercy First, et al., petitioners-respondents; Mister D. B. (Anonymous), appellant, et al., respondent. In the Matter of Mister Z. Q.-S. S. (Anonymous), also known as Mister S. (Anonymous). Mercy First, et al., petitioners-respondents; Mister D. B. (Anonymous), appellant, et al., respondent. (Docket Nos. B-29686/11, B-29687/11, B-29688/11)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Mister D. B. from three orders of the Family Court, Kings County, all dated August 21, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard A. Munn, Esq., dated September 19, 2012, it is

ORDERED that on the Court's own motion, the appeals are consolidated and the parties shall file 11 copies of their respective briefs; and it is further,

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

Alan S. Cabelly, Esq.

153-01 Jamaica Avenue - Suite 201

Jamaica, N.Y. 11432

718-883-1560

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before October 30, 2012, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that he 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 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 appeals, 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 appeals 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 is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order on certification upon the clerk of the court from which the appeals are taken.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, 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.