Appellate Division: Second Judicial Department

M201268

E/mv

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-08521 In the Matter of Ginelle T. A. (Anonymous). Nassau County Department of Social Services, petitioner-respondent; Rondale J. (Anonymous), respondent-appellant. (Docket No. B-9650-14)

DECISION & ORDER ON MOTION

Appeal by Rondale J. from an order of the Family Court, Nassau County, dated July 15, 2015. By order to show cause dated September 22, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of an appealing party.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of William Cadel, Esq., dated August 27, 2015, the respondent-appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Lisa Siano, Esq.

2005 Merrick Road, #340

Merrick, N.Y. 11566

516-368-7091

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 November 30, 2015, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

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

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

ORDERED that the appeal 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, 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 the assigned counsel shall prosecute the appeal 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 appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., DICKERSON, MILLER 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.