Appellate Division: Second Judicial Department

M195091

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-05439, 2015-05440, 2015-05442 2015-05798, 2015-05799 In the Matter of Angela N. L. (Anonymous). Administration for Children's Services, petitioner-respondent; Ying L. (Anonymous), et al., respondents-appellants. (Index No. N-2957-12)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Ying L. from three orders of the Family Court, Queens County, all dated May 27, 2015 (Appellate Division Docket Nos. 2015-05439, 2015-05440, 2015-05442). Separate appeals by Hang B. L. from three orders of the same court dated October 23, 2013, and May 27, 2015 (two orders), and a decision of the same court dated October 23, 2013 (Appellate Division Docket Nos. 2015-05439, 2015-05440, 2015-05798, 2015-05799).

On the Court's own motion, it is

ORDERED that the appeal from the decision (Appellate Division Docket No. 2015-05799) 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 pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Amber Khan, Esq., dated June 17, 2015, the appellant Ying L. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals by Ying L.:

Robert J. Marinelli, Esq.

305 Broadway, 9th Floor

New York, N.Y. 10007

212-822-1427

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Ying L. at the address provided by the Court, and on or before July 27, 2015, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Ying L. is interested in prosecuting her appeals, or

(2) the appellant Ying L. is not interested in prosecuting her appeals, or that he has been unable to contact the appellant Ying L. and wishes to be relieved of the assignment; 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 respondents-appellants, the petitioner-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 assigned 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 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 child, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals by Ying L. 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 appellant Ying L. is interested in proceeding with her appeals, assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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.