Appellate Division: Second Judicial Department

M170244

E/ct

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-11258, 2013-11259, 2013-11260 In the Matter of Nicholas A. N. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Youvonne N. (Anonymous), respondent-appellant. (Proceeding No. 1, 4) In the Matter of Dashawn N. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Youvonne N. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Judae N. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Youvonne N. (Anonymous), respondent-appellant. (Proceeding No. 3) In the Matter of Kelsey N.-C. (Anonymous), also known as Kelcie N.-C. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Youvonne N. (Anonymous), respondent-appellant. (Proceeding No. 5) In the Matter of Kelsey N. C. (Anonymous), also known as Kelcie N. C. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Youvonne N. (Anonymous), respondent-appellant. (Proceeding No. 6) (Docket Nos. B-17012-11, N-13212-05, N-13213-05, N-16435-05, N-6921-11, B-8185-12)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to consolidate appeals from three orders of the Family Court, Westchester County, all dated December 4, 2013, for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary in light of the scheduling order of this Court dated December 31, 2013; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeals are 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 respondent-appellant, the petitioner-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 respondent-appellant's counsel, 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 assigned counsel. Assigned counsel 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 serves the respondent-appellant's 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]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

George E. Reed, Jr.

222 Mamaroneck Avenue

White Plains, N.Y. 10605

914-946-5000

and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that assigned counsel shall perfect 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]) within 30 days after the date of this decision and order on motion, the respondent-appellant 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 the Family Court proceedings 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 30 days of the date of this decision and order on motion, 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.

SKELOS, J.P., LOTT, ROMAN and COHEN, 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.