Appellate Division: Second Judicial Department

M169310

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-00445, 2014-00446 In the Matter of Richard S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent-appellant; Lacey P. (Anonymous), et al., respondents-appellants- respondents. (Proceeding No. 1) In the Matter of Scarlett S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent-appellant; Lacey P. (Anonymous), et al., respondents-appellants- respondents. (Proceeding No. 2) (Docket Nos. N-14861-12, N-14862-12, N-14867-12, N-14868-12, N-21449-12, N-21453-12, N-21455-12, N-21465-12, N-21469-12, N-21483-12)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Lacey P., Richard S., and Vicki P., and cross appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated December 12, 2013, and separate appeals by Lacey P., Richard S., and Vicki P. from an order of the same court dated December 20, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Valerie M. Zuckerman, Esq., dated January 26, 2014, it is

ORDERED that the appellant Richard S. 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 on behalf of Richard S.:

Heather Fig, Esq.

Bayport Professional Centre

982 Montauk Highway, Suite 6

Bayport, N.Y. 11705

631-419-6111

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Richard S. at the address provided by the Court, and on or before February 21, 2014, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) Richard S. is interested in prosecuting the appeals, or

(2) Richard S. is not interested in prosecuting the appeals, or that she has been unable to contact Richard S., 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 Richard S., 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 Richard S. Counsel for Richard S. 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 Richard S. serves the appellant's brief upon those parties; and it is further,

ORDERED that counsel for Richard S. 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 Richard S. is interested in proceeding with the appeals, the counsel for Richard S. is directed to serve a copy of this order 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.