Appellate Division: Second Judicial Department

M150447

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-08969 In the Matter of Eugene S. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-respondent; Priscilla E., appellant, et al., respondent. (Proceeding No. 1) In the Matter of Dakota S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Priscilla E., appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-14456-10, N-14457-10, N-14459-10, N-14460-10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated December 5, 2012, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeal by Priscilla E. from an order of the Supreme Court, Westchester County (IDV Part), dated August 20, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Janet A. Gandolfo, Esq., dated November 29, 2012, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the appellant on the appeal:

Carl D. Birman, Esq.

626 Meadow Street

Mamaroneck, N.Y. 10543

914-630-4680

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 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 in the above-entitled matter, as well as the proceedings in the matters pending in the Supreme Court, Westchester County (IDV Part), under Docket Nos. V-5961-10/10A, V-7248-12, and V-0073-12, 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 Supreme Court, and the clerk of the Supreme 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 Supreme 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 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 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.

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.