Appellate Division: Second Judicial Department

M218901

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-09137 In the Matter of Sue I. Davis, et al., petitioners- respondents, v Ryan Delena, appellant. (Proceeding No. 1) Sue I. Davis, et al., petitioners-respondents, v Suffolk County Department of Social Services, etc., respondent-respondent. (Proceeding No. 2) Sue I. Davis, et al., petitioners-respondents, v Jennifer Davis, respondent-respondent. (Proceeding No. 3) Debra Delena, et al., appellants, v Suffolk County Department of Social Services, etc., respondent- respondent. (Proceeding No. 4) (Docket Nos. V-14542-15, V-14550-15; V-14540-15 V-9865-15, V-9865-15/15A)

ORDER ON CERTIFICATION Assignment of Counsel ,

Appeal by Debra Delena and Michael Weisinger, and separate appeal by Ryan Delena, from an order of the Family Court, Suffolk County, dated August 4, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Regina M. Stanton, Esq., dated September 1, 2016, it is

ORDERED that the appellant Ryan Delena 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:

Gina Scelta, Esq.

54 Cherry Lane

Huntington, NY 11743

631-470-4903

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Ryan Delena at the address provided by the Court, and on or before October 17, 2016, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Ryan Delena is interested in prosecuting his appeal, or

(2) the appellant Ryan Delena is not interested in prosecuting his appeal, or that she has been unable to contact the appellant Ryan Delena, 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, the respondents, 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 the assigned counsel shall prosecute the appeal by Ryan Delena 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 Ryan Delena is interested in proceeding with his appeal, 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.