Appellate Division: Second Judicial Department

M207406

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-00692 In the Matter of Wilberto M. (Anonymous), appellan Nassau County Department of Social Services, petitioner; Santos M. (Anonymous), et al., responden (Proceeding No. 1) In the Matter of Johany M. M. (Anonymous), appella Nassau County Department of Social Services, petitioner; Santos M. (Anonymous), et al., responden (Proceeding No. 2) (Docket Nos. N-11132-13, N-11133-13)

DECISION & ORDER ON MOTION Assignment of Counsel t. ts. nt. ts.

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated February 29, 2016, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Separate appeals by Wilberto M. and Johany M. M. from an order of the Family Court, Nassau County, dated December 9, 2015. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gail M. Berkowitz, Esq., dated February 11, 2016, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the children on the appeals:

Leslie S. Lowenstein, Esq.

567 Sunset Drive

Woodmere, NY 11598

516-374-1962

and it is further,

ORDERED that Gail M. Berkowitz, Esq., is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned; 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 parties. 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 appellants' 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 appeals, when counsel serves the appellants' 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

ORDERED that on or before April 4, 2016, the appellants' 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 appeals; 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken on or before April 4, 2016, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.