Appellate Division: Second Judicial Department

M167057

V/

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2013-08686, 2013-08687, 2013-08688 In the Matter of Richard R. (Anonymous), appellant. (Docket No. E-29730-11)

DECISION & ORDER ON MOTION

Motion by the attorney for the juvenile to be relieved on appeals from an order of the Family Court, Kings County, dated April 4, 2012, and two orders of the same court both dated August 13, 2013, for the assignment of new counsel, to assign Etta Ibok, as counsel, and for poor person relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the branches of the motion which are to relieve assigned counsel, for the assignment of new counsel, and for poor person relief are granted, and the motion is otherwise denied; and it is further,

ORDERED that the attorney for the juvenile, Melissa E. Bonaldes, Esq., 26 Court Street, Suite 1503, Brooklyn, N.Y. 11242, is directed to turn over all papers in the action to the new attorney for the juvenile herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the juvenile:

Alan S. Cabelly, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, N.Y. 11432

718-883-1560

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 attorney for the juvenile and the respondent(s). 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 attorney for the juvenile, 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 attorney for the juvenile. The attorney for the juvenile is directed to provide copies of said transcripts to all of the other parties to the appeals, when the attorney for the juvenile serves a brief upon those parties; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before January 17, 2014, the attorney for the juvenile shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, 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.