Appellate Division: Second Judicial Department

M160449

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06221 In the Matter of Sincere C. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Arieana C. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Melvin C. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Bianco V. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Natalia V. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tatyana V. (Anonymous). Suffolk County Department of Social Services, respondent; Shane L. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-22023-11/13B, N-22304-11/13B, N-22305-11/13B, N-22306-11/13B, N-22307-11/13B, N-22308-11/13B)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 25, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Shane L. from an order of the Family Court, Suffolk County, dated May 16, 2013. The appellant was granted poor person relief on June 21, 2013, and the following named attorney was assigned to prosecute the appeal:

Glenn Gucciardo, Esq.

256 Main Street, Suite 206

Northport, N.Y. 11768

631-262-6911

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Gina Scelta, Esq.

54 Cherry Lane

Huntington, N.Y. 11743

631-470-4903

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before August 22, 2013, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; 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, 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's 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 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order 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.