Appellate Division: Second Judicial Department

M167613

E/nl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, 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)

DECISION & ORDER ON MOTION

Motion by the appellant Jasmin H. for leave to prosecute her appeal from an order of the Family Court, Orange County, dated October 21, 2013, as a poor person and for the assignment of counsel.

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

ORDERED that the motion is granted; 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 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 counsel for Jasmin H., 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 Jasmin H. Counsel for Jasmin H. is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel for Jasmin H. serves a brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Jasmin H.:

Michael Meth, Esq.

10 Moffatt Lane, Suite 2

P.O. Box 560

Chester, N.Y. 10918

845-469-9529

and it is further,

ORDERED that the counsel for Jasmin H. 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 assigned counsel shall promptly attempt to contact the appellant Jasmin H. at the address provided by the Court, and on or before February 5, 2014, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) Jasmin H. is interested in prosecuting her appeal, or

(2) Jasmin H. is not interested in prosecuting the appeal, or that he has been unable to contact Jasmin H., and wishes to be relieved of the assignment; and it is further,

ORDERED that upon a determination that her appellant Jasmin H. is interested in proceeding with her appeal, the counsel for Jasmin H. is directed to serve a copy of this order on certification upon the clerk of the court from which the appeals are taken.

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court