Appellate Division: Second Judicial Department

M186882

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-00364, 2015-00366, 2015-01052 In the Matter of Autumn R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Devyn K.-D'A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Savannah S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Devyn K.-D'A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-17378-13, N-18258-13, N-2080-14, N-2082-14)

DECISION & ORDER ON MOTION

Appeals by Devyn K.-D'A. from two orders of the Family Court, Suffolk County, dated December 12, 2014, and January 15, 2015, respectively, and a decision of the same court dated November 24, 2014.

On the Court's own motion, it is

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2015-00366) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the appeals from the orders are consolidated; and it is further,

 ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Heather A. Fig, Esq., dated January 9, 2015, the respondent-appellant is granted leave to proceed as a poor person on the appeals from the orders, and the following named attorney is assigned as counsel to prosecute those appeals:

Arza R. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

516-522-2828

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by the Court, and on or before March 25, 2015, shall notify the Case Manager assigned to the appeals from the orders, in writing, that she has done so and that either

(1) the respondent-appellant is interested in prosecuting the appeals, or

(2) the respondent-appellant is not interested in prosecuting the appeals, or that she has been unable to contact the respondent-appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals from the orders 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 respondent-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 appeals, including the attorney for the children, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals from the orders 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 the respondent-appellant is interested in proceeding with the appeals from the orders, the assigned counsel is directed to serve a copy of this order upon the clerk of the court of the Family Court, Suffolk County.

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.