Appellate Division: Second Judicial Department

M217859

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-08373 In the Matter of Nyair J. (Anonymous). Administration for Children's Services, petitioner-respondent-appellant; Roslyn O. (Anonymous), et al., respondents-appellants- respondents. (Proceeding No.1) In the Matter of Nasir O. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Roslyn O. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 2) (Docket Nos. N-20399/15, N-20400/15)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Roslyn O. and Vernon J., and cross appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated July 14, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of William C. Hoffman, Esq., dated September 6, 2016, it is

ORDERED that the appellant Vernon J. 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 on behalf of Vernon J.:

Lewis S. Calderon, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, NY 11432

718-883-1560

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Vernon J. at the address provided by the Court, and on or before September 23, 2016, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) Vernon J. is interested in prosecuting the appeal, or

(2) Vernon J. is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, 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 Vernon J., 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 Vernon J. Counsel for Vernon J. 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 counsel serves the brief of Vernon J. upon those parties; and it is further,

ORDERED that the counsel for Vernon J. 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 Vernon J. 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.

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.