Appellate Division: Second Judicial Department

M184626

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2014-06698, 2014-06700 In the Matter of Deatrus Amir D. (Anonymous). Administration for Children's Services, petitioner- respondent; Astoria D. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Deatrus Amari D. (Anonymous). Administration for Children's Services, petitioner- respondent; Astoria D. (Anonymous), respondent- appellant. (Proceeding No. 2) (Docket Nos. N-423-13, N-4234-13)

DECISION & ORDER ON MOTION

2014-06702

In the Matter of Deatrus C. D. (Anonymous),

petitioner-respondent, v Administration for Children's

Services, respondent, Astoria D. (Anonymous),

respondent-appellant.

(Docket Nos. V-14101-13/13A, V-14102-13/13A)

Motion by the appellant to consolidate appeals from two orders of the Family Court, Queens County, dated August 21, 2013, and June 5, 2014, respectively, under Docket Nos. N-423-13, N-4234-13, with an appeal from an order of the same court dated June 5, 2014, under Docket Nos. V-14101-13/13A, V-14102-13/13A. By order on certification of this Court dated August 8, 2014, the following attorney was assigned as counsel for Astoria D., the respondent-appellant on the appeals from the orders dated August 21, 2013, and June 5, 2014, under Docket Nos. N-423-13, N-4234-13, and by order on certification of this Court dated September 3, 2014, the following attorney was assigned as counsel for Astoria D., the appellant on the appeal from the order dated June 5, 2014, under Docket Nos. V-14101-13/13A, V-14102-13/13A:

Frederic P. Schneider, Esq.

729 Seventh Avenue, 17th Floor

New York, N.Y. 10019

212-575-7900

ORDERED that on the Court's own motion, counsel is relieved as attorney for Astoria D. on the appeals and is directed to turn all papers to new counsel herein assigned; and it is further,

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

Helene Bernstein, Esq.

44 Court Street, #905

Brooklyn, N.Y. 11201

917-748-9854

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 appeals are taken; and it is further,

ORDERED that the motion is granted, the appeals are consolidated, and the parties shall file 10 copies of their respective briefs; and it is further,

ORDERED that on or before January 20, 2015, the assigned counsel 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 the order on certification of this Court dated August 8, 2014, and the order on certification of this Court dated September 3, 2014, have been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken on or before January 20, 2015, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

RIVERA, J.P., HALL, AUSTIN and COHEN, 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.