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.


Supreme Court of the State of New York

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.