Appellate Division: Second Judicial Department

M182117

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-07312, 2014-07315, 2014-07316 In the Matter of Divinity I. H. (Anonymous). Children's Village, petitioner-respondent; George T. J. (Anonymous), et al., respondents- appellants. (Proceeding No. 1) In the Matter of Darling A. H. (Anonymous). Children's Village, petitioner-respondent; George T. J. (Anonymous), et al., respondents- appellants. (Proceeding No. 2) In the Matter of Daniel I. H. (Anonymous). Children's Village, petitioner-respondent; George T. J. (Anonymous), et al., respondents- appellants. (Proceeding No. 3) (Docket Nos. B-13406-11, B-13407-11, B-13098-13)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by George T. J. and Charvella A. H. from three orders of the Family Court, Queens County, all dated July 15, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Daniel E. Lubetsky, Esq., dated October 24, 2014, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal on behalf of Charvella A. H.:

Daniel E. Lubetsky, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, NY 11432

718-264-8156

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 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 counsel of Charvella A. H., 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 counsel for Charvella A. H. Counsel for Charvella A. H. 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 for Charvella A. H. serves the appellant's brief upon those parties; and it is further,

ORDERED that counsel for Charvella A. H. 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 the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the counsel for Charvella A. H. of the transcripts of the minutes of the proceedings in the Family Court, and the counsel for Charvella A. H. shall notify this Court by letter of the date the transcripts are received, or, in cases where 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 counsel for Charvella A. H. 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 is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals of Charvella A. H.; 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 of Charvella A. H. 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.