Appellate Division: Second Judicial Department

M181663

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-08721 In the Matter of Amari E. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Kiona E. (Anonymous), respondent; Leval B. (Anonymous), et al., nonparty-appellants. (Proceeding No. 1) In the Matter of Amarianna E. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Kiona E. (Anonymous), respondent; Leval B. (Anonymous), et al., nonparty-appellants. (Proceeding No. 2) (and other titles) (Docket Nos. B-14079-09/10A, B-14080-09/10A, V-5563-10, V-5564-10; V-5565-10, V-5566-10, V-5572-10, V-5573-10, V-9918-11, V-9919-11, V-9920-11, V-9921-11, V-9923-11, V-9924-11, V-15832-11, V-15833-11, V-15838-11, V-15839-11, V-15842-11, V-15843-11)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Leval B. and Tyeisha H. from an order of the Family Court, Westchester County, dated September 3, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Shara Goldfarb, Esq., dated September 29, 2014, it is

ORDERED that nonparty-appellant Tyeisha H. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute her appeal:

Stephen Kolnik, Esq.

20 Colin Street

Yonkers, N.Y. 10701

914-659-2173

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact nonparty-appellant Tyeisha H. at the address provided by the Court, and on or before November 6, 2014, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) nonparty-appellant Tyeisha H. is interested in prosecuting the appeal, or

(2) nonparty-appellant Tyeisha H. is not interested in prosecuting the appeal, or that he has been unable to contact nonparty-appellant Tyeisha H., and wishes to be relieved of the assignment; 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 nonparty-appellants, 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 nonparty-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 nonparty-appellant Tyeisha H.'s brief upon those parties; 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 upon a determination that nonparty-appellant Tyeisha H. is interested in proceeding with the appeal, the assigned counsel 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