Appellate Division: Second Judicial Department

M165063

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08894 In the Matter of Kai G. (Anonymous). New Alternatives for Children, et al., petitioners-respondents; Janice K. (Anonymous), also known as Janice M. (Anonymous), et al., respondents-appellants. (Docket No. B-2863/11)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Janice K., also known as Janice M., and Peter M. G. from an order of the Family Court, Richmond County, dated August 14, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David L. Moreno, Esq., dated October 28, 2013, it is

ORDERED that the appellant Janice K., also known as Janice M. 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 on behalf of Janice K., also known as Janice M.:

Yasmin Daley-Duncan, Esq.

386 Parkside Avenue

Brooklyn, N.Y. 11226

866-565-3441

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Janice K., also known as Janice M. at the address provided by the Court, and on or before November 29, 2013, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) Janice K., also known as Janice M. is interested in prosecuting the appeal, or

(2) Janice K., also known as Janice M. 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 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 the counsel for Janice K., also known as Janice M., 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 Janice K., also known as Janice M. Counsel for Janice K., also known as Janice M. is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel for Janice K., also known as Janice M. serves the appellant's brief upon those parties; and it is further,

ORDERED that the counsel for Janice K., also known as Janice M. 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 Janice K., also known as Janice M. is interested in proceeding with the appeal, counsel for Janice K., also known as Janice M. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.