Appellate Division: Second Judicial Department

M199373

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-06643 In the Matter of Samima I. A. C. (Anonymous). Administration for Children's Services, petitioner- respondent; Idzuma S. S. (Anonymous), respondent- appellant. (Docket No. N-15377-14)

DECISION & ORDER ON MOTION

2015-06648

In the Matter of Chaim C. (Anonymous), petitioner-

respondent, v ACS-Kings, respondent, Idzuma S.

S. (Anonymous), appellant.

(Docket Nos. V-8953-15, V-8952-15)

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated July 9, 2015, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal under Appellate Division Docket No. 2015-06648 is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3 (see Family Ct Act § 1112), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is granted to the extent that poor person relief and the assignment of counsel is granted with respect to the appeal under Appellate Division Docket No. 2015-06643, and is denied as academic with respect to the appeal under Appellate Division Docket No. 2015-06648; and it is further,

ORDERED that the appeal under Appellate Division Docket No. 2015-06643 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 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 under Docket No. N-15377-14, 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 appeal, including the attorney for the child, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal under Appellate Division Docket No. 2015-06643:

Michael A. Fiechter, Esq.

P.O. Box 1107

Bellmore, N.Y. 11710

718-902-4492

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal under Appellate Division Docket No. 2015-06643, 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court of the Family Court, Queens County; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal under Appellate Division Docket No. 2015-06643 shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 the Family Court proceedings to be transcribed for the appeal under Appellate Division Docket No. 2015-06643; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court of the Family Court, Queens County, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal under Appellate Division Docket No. 2015-06643; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal from the order under Appellate Division Docket No. 2015-06643, to show cause why that appeal should or should not be dismissed.

HALL, J.P., SGROI, HINDS-RADIX and MALTESE, 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.