Appellate Division: Second Judicial Department

M225019

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00433 In the Matter of Jeffrey Staten, Sr., petitioner- respondent, v Jean King, respondent-respondent; Cindy R. K.-S. (Anonymous), et al., nonparty-appella (Docket Nos. V-3863-09/16K, V-3862-09/16I, V-3863-09/16I, V-3862-09/16K)

ORDER ON CERTIFICATION Assignment of Counsel nts.

Appeal by Cindy R. K.-S. and Sanaa A. K.-S. from an order of the Family Court, Queens County, dated December 22, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Emily Schwartz, Esq., dated January 18, 2017, it is

ORDERED that Cindy R. K.-S. and Sanaa A. K.-S. are granted leave to proceed as poor persons on the appeal, and the following named attorney is assigned as the attorney for the children on the appeal:

Richard J. Cardinale, Esq.

26 Court Street, Suite 1815

Brooklyn, NY 11242

718-624-9391

and it is further,

ORDERED that Emily Schwartz, Esq., is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. 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 attorney for the children, 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 attorney for the children. The attorney for the children is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves a brief upon those parties; and it is further,

ORDERED that the attorney for the children 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 the attorney for the children is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the attorney for the children of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the children shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, the attorney for the children shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

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.