| Matter of C. (Anonymous), Natalia; Nassau County Departme |
| Motion No: 2013-01639 |
| Slip Opinion No: 2013 NY Slip Op 67248(U) |
| Decided on March 13, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M152873
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-01639, 2013-01643
In the Matter of Natalia C. (Anonymous). Nassau County Department of Social Services, respondent; Christine C. (Anonymous), et al., appellants. (Appeal No. 1) In the Matter of Candace H. (Anonymous). Nassau County Department of Social Services, respondent; Christine C. (Anonymous), appellant. (Appeal No. 2) (Docket Nos. N-215-13/13A, N-243-13/13A)
| ORDER ON CERTIFICATION Assignment of Counsel |
Appeals by Christine C. from two orders of the Family Court, Nassau County, both dated January 10, 2013, and separate appeal by Jessica C. from the order under Appellate Division Docket No. 2013-01639. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard D. Lorge, Esq., dated February 4, 2013, it is
ORDERED that the appellant Jessica C. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of Jessica C.:
Judith Ellen Stone, Esq.
2819 Harbor Road
Merrick, N.Y. 11566
516-623-0897
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant Jessica C. at the address provided by the Court, and on or before March 27, 2013, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either
(1) Jessica C. is interested in prosecuting her appeal, or
(2) Jessica C. is not interested in prosecuting her appeal, or that she has been unable to contact Jessica C., 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 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, 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 counsel for Jessica C., 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 counsel for Jessica C. Counsel for Jessica C. 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 for Jessica C. serves the appellant's brief upon those parties; and it is further,
ORDERED that the counsel for Jessica C. shall prosecute her 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 Jessica C. is interested in proceeding with her appeal, counsel for Jessica C. 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.