Appellate Division: Second Judicial Department

M209946

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03230, 2016-03231, 2016-03232, 2016-03233 In the Matter of Jemima M. (Anonymous). Administration for Children's Services, petitioner-respondent; Aura M. (Anonymous), respondent-appellant. (Docket Nos. N-13057-14)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Aura M. from two orders of the Family Court, Queens County, dated March 11, 2016, and October 20, 2015, respectively, and two decisions of the same court dated March 10, 2016, and October 20, 2015, respectively.

On the Court's own motion, it is

ORDERED that the appeals from the decisions (Appellate Division Docket Nos. 2016-03231, 2016-03233) are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Elizabeth Fassler, Esq., dated March 29, 2016, the respondent-appellant is granted leave to proceed as a poor person on the appeals from the orders, and the following named attorney is assigned as counsel to prosecute those appeals:

Larry S. Bachner, Esq.

153-01 Jamaica Ave., Suite 201

Jamaica, NY 11432

917-378-0176

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 May 2, 2016, shall notify the Case Manager assigned to the appeals from the orders, in writing, that he has done so and that either

(1) the respondent-appellant is interested in prosecuting the appeals from the orders, or

(2) the respondent-appellant is not interested in prosecuting the appeals from the orders, 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 the appeals from the orders 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 appeals, 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 the assigned counsel shall prosecute the appeals from the orders 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 respondent-appellant is interested in proceeding with the appeals from the orders, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.