Appellate Division: Second Judicial Department

M183927

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-09736 In the Matter of Omarie S. B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Evan J. (Anonymous), et al., respondents-appellants. (Docket Nos. B-1077-13, B-1078-13)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Evan J. and Monasha A. B. from an order of the Family Court, Westchester County, dated September 9, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lisa F. Colin, Esq., dated November 28, 2014, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal on behalf on Monasha A. B.:

Lisa F. Colin, Esq.

44 Church Street

White Plains, N.Y. 10601

914-771-7711

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 Monasha A. B., 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 Monasha A. B. Counsel for Monasha A. B. 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 Monasha A. B. serves the appellant's brief upon those parties; and it is further,

ORDERED that counsel for Monasha A. B. 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 appeal by Monasha B. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the counsel for Monasha A. B. of the transcripts of the minutes of the proceedings in the Family Court, and the counsel for Monasha A. B. 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 assigned counsel for Monasha B. 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 appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Monasha A. B.; 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 appeal to show cause why the appeal of Monasha A. B. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.