Appellate Division: Second Judicial Department

M177255

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-02708 In the Matter of Crystal A. (Anonymous). Administration of Children's Services, petitioner- respondent; Chigozirim C. A. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Emmanuel A. (Anonymous). Administration of Children's Services, petitioner- respondent; Chigozirim C. A. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Joshua A. (Anonymous). Administration of Children's Services, petitioner- respondent; Chigozirim C. A. (Anonymous), respondent-appellant. (Proceeding No. 3) (Docket Nos. N-14944-12, N-14943-12, N-26433-12)

DECISION & ORDER ON MOTION

Renewed motion by the respondent-appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 21, 2013, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal 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 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 appeal, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,

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

Michael A. Fiechter, Esq.

P.O. Box 1107

Bellmore, N.Y. 11710

718-902-4492

and it is further,

ORDERED that the assigned counsel 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that on or before August 18, 2014, 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 appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has 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 appeal is taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the respondent-appellant does not take any of the actions described in (1), (2), (3), or (4) above on or before August 18, 2014, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

SKELOS, J.P., DILLON, HALL and LASALLE, 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.