Appellate Division: Second Judicial Department

M202917

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-07554, 2015-07556 In the Matter of Tyshawn S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shana S. (Anonymous), et al., respondents-appellants. (Docket Nos. B-11794-14, B-11787-14, B-3748-15)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Shana S. and David T. from two orders of the Family Court, County, dated June 26, 2015, and July 10, 2015, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Margaret Schaefler, Esq., dated November 28, 2015, it is

ORDERED that the appellant Shana S. 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 on behalf of Shana S.:

Gina Scelta, Esq.

54 Cherry Lane

Huntington, NY 11743

631-470-4903and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Shana S. at the address provided by the Court, and on or before December 29, 2015, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Shana S. is interested in prosecuting the appeals, or

(2) the appellant Shana S. is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, 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 appellants, the 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 counsel for Shana S., 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 counsel for Shana S. Counsel for Shana S. 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 the brief of the appellant Shana S. upon those parties; and it is further,

ORDERED that the counsel for Shana S. shall prosecute the appeals 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 Shana S. is interested in proceeding with the appeals, the 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, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.