Matter of M. (Anonymous), Taurice; K. (Anonymous), Aniya
Motion No: 2015-10865
Slip Opinion No: 2016 NY Slip Op 77944(U)
Decided on June 27, 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

M213783

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-10865

In the Matter of Taurice M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Mark B. (Anonymous),

et al., respondents-appellants, et al, respondent.

(Proceeding No. 1)

In the Matter of Aniya K. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Mark B. (Anonymous),

et al., respondents-appellants, et al, respondent.

(Proceeding No. 2)

In the Matter of Elijah K. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Mark B. (Anonymous),

et al., respondents-appellants, et al, respondent.

(Proceeding No. 3)

In the Matter of Janice M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Mark B. (Anonymous),

et al., respondents-appellants, et al, respondent.

(Proceeding No. 4)

(Docket Nos. N-29664-12, N-29665-12,

N-29666-12, N-29667-12)

ORDER ON CERTIFICATION
Assignment of Counsel

Separate appeals by Gregory A. and Mark B. from an order of the Family Court, Kings County, dated October 8, 2015. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Joan James, Esq., dated June 20, 2016, it is

ORDERED that the appellant Mark B. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

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 appellant Mark B. at the address provided by the Court, and on or before July 11, 2016, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Mark B. is interested in prosecuting the appeal, or

(2) the appellant Mark B. is not interested in prosecuting the appeal, or that he has been unable to contact Mark 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 appellant, the 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 the counsel for Mark 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 counsel for Mark B. Counsel for Mark B. is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves Mark B.'s brief upon those parties; and it is further,

ORDERED that the counsel for Mark B. 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 upon a determination that the appellant Mark B. is interested in proceeding with his appeal, counsel for Mark B. 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.