Appellate Division: Second Judicial Department

M162791

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08606, 2013-08607 In the Matter of Mercedes R. B. (Anonymous). Suffolk County Department of Social Services, respondent; Heather C. (Anonymous), et al., appellants. (Docket Nos. B-799-13, B-807-13)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Heather C. and Warren B. from two orders of the Family Court, Suffolk County, both dated August 15, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jennifer S. Lippmann, Esq., dated August 27, 2013, it is

ORDERED that the appellant Warren B. 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:

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 Warren B. at the address provided by the Court, and on or before October 16, 2013, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) Warren B. is interested in prosecuting the appeals, or

(2) Warren B. is not interested in prosecuting the appeals, or that she has been unable to contact Warren B., 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 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 counsel for Warren B., 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 counsel for Warren B. Counsel for Warren B. is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel for Warren B. serves the appellant's brief upon those parties; and it is further,

ORDERED that the counsel for Warren B. shall prosecute the appeals 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 Warren B. is interested in proceeding with the appeals, counsel for Warren B. 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.