Appellate Division: Second Judicial Department

M170609

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 Francine H. Moss, Esq., dated February 20, 2014, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeals on behalf of Vicki P.:

Francine H. Moss, Esq.

3505 Veterans Memorial Highway, Suite S-2

Ronkokoma, New York 11779-7613

631-981-9110

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 respondents-appellants-respondents, the petitioner-respondent-appellant, 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 assigned counsel for Vicki 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 assigned counsel for Vicki P. Assigned counsel for Vicki P. 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 a brief upon those parties; and it is further,

ORDERED that assigned counsel for Vicki P. shall serve a copy of this order on certification upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that assigned counsel for Vicki P. shall perfect the appeals taken by Vicki P. in the above-entitled proceedings either within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order on certification; and it is further,

ORDERED that within 30 days after the date of this order on certification, the assigned counsel for Vicki P. 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 order on certification 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 taken by Vicki P.; 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 order on certification, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals by taken Vicki P. should or should not be dismissed.

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.