Appellate Division: Second Judicial Department

M150973

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00062 In the Matter of Tatiana E. (Anonymous). Westchester County Department of Social Services, respondent; Douglas A. E. (Anonymous), et al., appellants. (Docket Nos. B-15052/09, B-15053/09)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Douglas A. E. and Mariya S. from an order of the Family Court, Westchester County, dated November 30 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David J. Peck, Esq., dated January 29, 2013, it is

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

Karen M. Jansen, Esq.

45 Knollwood Road - Suite 505

Elmsford, N.Y. 10523

914-593-7250

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Mariya S. at the address provided by the Court, and on or before February 27, 2013, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) that appellant Mariya S. is interested in prosecuting his appeal, or

(2) that appellant Mariya S. is not interested in prosecuting his appeal, or that she has been unable to contact the appellant Mariya S., 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 appellants, 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 counsel for the appellant Mariya S., 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 counsel for the appellant Mariya S. Counsel for the appellant Mariya S. 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 a brief upon those parties; and it is further,

ORDERED that assigned counsel for the appellant Mariya S. shall prosecute his 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 Mariya S. is interested in proceeding with his appeal, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.