Appellate Division: Second Judicial Department

M217137

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03108 In the Matter of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Victoria S. (Anonymous), et al., respondents-appellants. (Docket Nos. N-16227-15, N-16229-15)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Victoria S. and Santiago S. from an order of the Family Court, Westchester County, dated April 1, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven P. Kmetz, Esq., dated July 6, 2016, it is

ORDERED that the respondent-appellant Santiago S. 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 by Santiago S.:

Stephen Kolnik, Esq.

20 Colin Street

Yonkers, NY 10701

914-659-2173

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant Santiago S. at the address provided by the Court, and on or before September 12, 2016, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

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

(2) the respondent-appellant Santiago S. is not interested in prosecuting his appeal, or that he has been unable to contact the respondent-appellant Santiago S., 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 respondents-appellants, the petitioner-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 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 children, if any, when assigned counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Santiago S. 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 Santiago S. 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.