| Matter of B. (Anonymous), James M.; Forestdale, Inc. |
| Motion No: 2015-10875 |
| Slip Opinion No: 2016 NY Slip Op 60280(U) |
| Decided on January 6, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M204263
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-10875, 2015-10876, 2015-10877, 2015-10878, 2015-10879
In the Matter of James M. B. (Anonymous). Forestdale, Inc., petitioner-respondent; Claudia H. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Jessica J. H. (Anonymous) Forestdale, Inc., petitioner-respondent; Claudia H. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of Jasmine A. B. (Anonymous). Forestdale, Inc., petitioner-respondent; Claudia H. (Anonymous), et al., respondents-appellants. (Proceeding No. 3) In the Matter of Joel J. B. (Anonymous) Forestdale, Inc., petitioner-respondent; Claudia H. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 4) In the Matter of Joshua S. B. (Anonymous) Forestdale, Inc., petitioner-respondent; Claudia H. (Anonymous), et al., respondents-appellants. (Proceeding No. 5) (Docket Nos. B-588-12, B-589-12, B-590-12, B- 591-12, B-592-12)
| ORDER ON CERTIFICATION Assignment of Counsel |
Appeals by Claudia H. from five orders of the Family Court, Queens County, all dated September 17, 2015, and separate appeals by Michael B. from three of the orders. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Sandra M. Munoz, Esq., dated December 29, 2015, it is
ORDERED that Michael B. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute his appeals:
Richard J. Cardinale, Esq.
26 Court Street, Suite 1815
Brooklyn, NY 11242
718-624-9391
and it is further,
ORDERED that assigned counsel for Michael B. shall promptly attempt to contact Michael B. at the address provided by the Court, and on or before January 20, 2016, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) Michael B. is interested in prosecuting his appeals, or
(2) Michael B. is not interested in prosecuting his appeals, or that he has been unable to contact Michael B., 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 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 assigned counsel for Michael B., 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 a brief upon those parties; and it is further,
ORDERED that the assigned counsel 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 Michael B. is interested in proceeding with his 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.