Appellate Division: Second Judicial Department

M161914

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08132, 2013-08134, 2012-08135 ORDER ON CERT Assignment of Counsel In the Matter of Angel M. R.-J. (Anonymous). Suffolk County Department of Social Services, respondent. Rachel R. R.-J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Teyana N. W. (Anonymous). Suffolk County Department of Social Services, respondent. Rachel R. R.-J. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-21562-12, B-21563-12, B-21564-12)

IFICATION

Appeals by Rachel R. R.-J. from an undated decision of the Family Court, Suffolk County, and two orders of the same court both dated July 29, 2013. Separate appeal by Obadiah J. from the order dated July 29, 2013, Obadiah J. under Appellate Division Docket No. 2012-08135. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of J. Gary Waldvogel, Esq., dated August 28, 2013, it is

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

Arza R. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Obadiah J. at the address provided by the Court, and on or before September 26, 2013, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Obadiah J. 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 Obadiah J., 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 appellants, 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 appellants' 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 by Obadiah J. 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 Obadiah J. is interested in proceeding with the appeal, the assigned counsel 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.