Appellate Division: Second Judicial Department

M172904

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01531 In the Matter of Amanda P. S. (Anonymou Westchester County Department of Social petitioner-respondent; Frances C. (Anonym respondents-appellants. (Docket Nos. B-12084-11, B-12085-11)

ORDER ON CERTIFICATION Assignment of Counsel s), etc. Services, ous), et al.,

Separate appeals by Frances C. and Raymond S. from an order of the Family Court, Westchester County, dated January 23, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David J. Peck, Esq., dated April 14, 2014, it is

ORDERED that the appellant Raymond S. 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 Raymond S.:

John F. DeChiaro, Esq.

2001 Palmer Avenue, Suite 204

Larchmont, N.Y. 10538

914-834-4400

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Raymond S. at the address provided by the Court, and on or before May 13, 2014, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) Raymond S. is interested in prosecuting the appeal, or

(2) Raymond S. is not interested in prosecuting the appeal, or that he or she 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 child, 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 Raymond 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 counsel for Raymond S. Counsel for Raymond S. is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel for Raymond S. serves the appellant's brief upon those parties; and it is further,

ORDERED that counsel for Raymond S. 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 Raymond S. is interested in proceeding with the appeal, the counsel for Raymond S. is directed to serve a copy of this order on certification upon the clerk of the court from which the appeal is 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.