Appellate Division: Second Judicial Department

M209219

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2016-01858 In the Matter of Dayyan J. L. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Dayyan L. (Anonymous), respondent-appellant, et al., respondent. (Docket No. B-3156-15)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated January 7, 2016, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Philip H. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

845-469-2023

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 assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by the Court, and on or before April 21, 2016, 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 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.

LEVENTHAL, J.P., DICKERSON, COHEN and HINDS-RADIX, 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.