Appellate Division: Second Judicial Department

M145656

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-09191, 2012-09192, 2012-11029 In the Matter of Corey S. (Anonymous). Administration for Children's Services, respondent; Angel S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Angel S. (Anonymous), appellant, v Sandra I. V. (Anonymous), etc., respondent, Administration for Children's Services, respondent-respondent. (Proceeding No. 2) (Docket Nos. B-6044/09, V-5246/06)

DECISION & ORDER ON MOTION

Appeals by Angel S. from two decisions of the Family Court, Richmond County, dated March 19, 2012, and September 15, 2012, respectively.

On the Court's own motion, it is

ORDERED that the appeal from the decision dated March 19, 2012 (Appellate Division Docket No. 2012-09192), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the notice of appeal from the decision dated September 15, 2012, is deemed to be a notice of appeal from an order of the same court dated September 17, 2012 (see CPLR 5512[a]), as well as a premature notice of appeal from an order of the same court dated October 11, 2012 (see CPLR 5520[c]), and the appeals from the orders are consolidated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Rosa Tragni, Esq., dated October 2012, the appellant is granted leave to proceed as a poor person on the appeals from the orders, and the following named attorney is assigned as counsel to prosecute those appeals:

Austin I. Idehen, Esq.

89-31 161st Street - Suite 810

Jamaica, N.Y. 11432

718-558-4191

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 December 31, 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 from the orders, or

(2) the appellant is not interested in prosecuting the appeals from the orders, 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 from the orders 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 ten 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 from the orders, 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 decision and order on motion upon the clerk of the court from which the appeal is 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.