Appellate Division: Second Judicial Department

M152388

T/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00316, 2013-00317, 2013-02214, 2013-02215 In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; Brandy T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; Brandy T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; Arthur M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; Arthur M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-4832-09, B-4833-09, B-4834-09, B-4835-09)

ORDER ON CERTIFICATION Assignment of Counsel

On the Court's own motion, it is

ORDERED that the order on certification dated January 24, 2013, in the above-entitled proceedings is recalled and vacated, and the following order on certification is substituted therefor:

Appeals by Brandy T. two orders of the Family Court, Westchester County, dated November 21, 2012 (Appellate Division Docket Nos. 2013-00316 and 2013-00317), and separate appeals by Arthur M. from two orders of the same court dated November 21, 2012 (Appellate Division Docket Nos. 2013-02214 and 2013-02215). Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Andrew W. Szczesniak, Esq., dated January 15, 2013, it is

ORDERED that the appellant Brandy T. 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 by the appellant Brandy T.:

Evelyn K. Isaac, Esq.

P.O. Box 176

Hastings-on-Hudson, N.Y. 10706

914-478-2967

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Brandy T. at the address provided by the Court, and on or before February 7, 2013, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

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

(2) the appellant Brandy T. is not interested in prosecuting the appeals, or that she has been unable to contact the appellant Brandy T., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals by the appellant Brandy T. will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant Brandy T., 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 Brandy T.'s assigned 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 brief of the appellant Brandy T. upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals by the appellant Brandy T. 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 Brandy T. 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.