Matter of L. (Anonymous), Frankie; G. (Anonymous), Gavin;
Motion No: 2014-04918
Slip Opinion No: 2014 NY Slip Op 74283(U)
Decided on June 6, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174463

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-04918

In the Matter of Frankie L. (Anonymous).

Suffolk County Department of Social Serv

petitioner; Dustin L. (Anonymous), et al., r

(Proceeding No. 1)

In the Matter of Gavin G. (Anonymous).

Suffolk County Department of Social Serv

petitioner-respondent; Dustin L. (Anonym

respondent-appellant, et al., respondent;

Dolores G. (Anonymous), nonparty-appell

(Proceeding No. 2)

In the Matter of Kira G. (Anonymous).

Suffolk County Department of Social Serv

petitioner-respondent; Dustin L. (Anonym

respondent-appellant, et al., respondent;

Dolores G. (Anonymous), nonparty-appell

(Proceeding No. 2)

(Docket Nos. N-6457-13, N-6462-13)

ORDER ON CERTIFICATION
Assignment of Counsel

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Appeals by Dustin L. and Dolores G. from an order of the Family Court, Suffolk County, dated April 8, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Philip Castellano, Jr., Esq., dated April 25, 2014, it is

ORDERED that the appellant Dustin L. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute his appeal:

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 Dustin L. at the address provided by the Court, and on or before June 20, 2014, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Dustin L. is interested in prosecuting his appeal, or

(2) the appellant Dustin L. is not interested in prosecuting his appeal, or that she has been unable to contact the appellant Dustin L., 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 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 counsel for the appellant Dustin L., 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 for the appellant Dustin L. Assigned counsel for the appellant Dustin L. 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 the assigned counsel shall prosecute the appeal by Dustin L. 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 Dustin L. is interested in proceeding with his appeal, assigned counsel for the appellant Dustin L. 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.