Appellate Division: Second Judicial Department

M151628

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00745 In the Matter of Ryann F. (Anonymous). Suffolk County Department of Social Services, respondent; Nicole C. (Anonymous), appellant. (Docket No. N-20072-10/12B)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Nicole C. from an order of the Family Court, Suffolk County, dated December 12, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Glenn Gucciardo, Esq., dated February 18, 2013, it is

ORDERED that the appellant is granted leave to proceed pro se and as a poor person on the appeal, and it is further,

ORDERED that on or before March 8, 2013, the appellant shall notify the Case Manager assigned to the appeal, in writing, that either

(1) she is interested in prosecuting the appeal and in representing herself on appeal; or

(2) she is interested in prosecuting the appeal, but would like the court to assign counsel to represent her on the appeal; or

(3) she is not interested in prosecuting the appeal; 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 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 the appellant, 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. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when she serves her appellant's brief upon those parties; and it is further,

ORDERED that the appellant 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 the appellant 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.