Appellate Division: Second Judicial Department

M216983

/ct

RANDALL T. ENG, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-07511 In the Matter of Dieurison T. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Laiwens M. (Anonymous), et al., respondents-appellants. (Docket Nos. B-874/77-15, B-875-15, B-876-15, B-8

ORDER ON CERTIFICATION Assignment of Counsel 77-15)

Separate appeals by Laiwens M. and Jean T. from an order of the Family Court, Westchester County, dated February 22, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David R. Sachs, Esq., dated July 11, 2016, it is

ORDERED that the respondent-appellant Jean T. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute his appeal:

Deborah Clegg, Esq.

455 Main Street - Suite 106

New Rochelle, N.Y. 10801

914-637-1922

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant Jean T. at the address provided by the Court, and on or before September 9, 2016, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the respondent-appellant Jean T. is interested in prosecuting his appeal, or

(2) the respondent-appellant Jean T. is not interested in prosecuting his appeal, or that she has been unable to contact the respondent-appellant Jean T., 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 appellants-respondents, 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 assigned 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 a brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeal by the respondent-appellant Jean T. 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 Jean T. is interested in proceeding with his appeal, 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.