Appellate Division: Second Judicial Department

M167064

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-10791 In the Matter of Angelica A. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Jasmin H. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Kevin P. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Jasmin H. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. N-5897-12, N-5898-12)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Jasmin H. and Kevin P. from an order of the Family Court, Orange County, dated October 21, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Anne E. Hunter, Esq., dated December 6, 2013, it is

ORDERED that the appellant Kevin P. 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 Kevin P.:

Joseph J. Artrip, Esq.

45 Quaker Avenue, Suite 208

Cornwall, N.Y. 12518

845-534-2968

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Kevin P. at the address provided by the Court, and on or before January 3, 2014, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) Kevin P. is interested in prosecuting the appeal, or

(2) Kevin P. is not interested in prosecuting the appeal, or that he 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 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 counsel for Kevin P., 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 Kevin P. Counsel for Kevin P. 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 for Kevin P. serves the appellant's brief upon those parties; and it is further,

ORDERED that the counsel for Kevin P. 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 Kevin P. is interested in proceeding with the appeal, the counsel for Kevin P. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.