Appellate Division: Second Judicial Department

M227783

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-01416, 2017-01417 In the Matter of David A. H. (Anonymous). Children's Village, petitioner-respondent; George T. J. (Anonymous), et al., respondents- appellants. (Proceeding No. 1) In the Matter of Dorie M. H. (Anonymous). Children's Village, petitioner-respondent; George T. J. (Anonymous), et al., respondents- appellants. (Proceeding No. 2) (Docket Nos. B-15921-14, B-6902-16)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by George T. J. and separate appeals by Charvella A. H. from two orders of the Family Court, Queens County, both dated January 9, 2017. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Daniel E. Lubetsky, Esq., dated March 12, 2017, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeals by Charvella A. H.:

Daniel E. Lubetsky, Esq.

155-03 Jamaica Avenue

Jamaica, NY 11432-3829

718-264-8156

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 the assigned counsel for the respondent-appellant Charvella A. H., 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 counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that the respondent-appellant Charvella A. H. shall perfect her appeals in the above-entitled proceedings either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and 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 within 30 days after the date of this order, the assigned counsel for the respondent-appellant Charvella A. H. 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 any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals by the respondent-appellant Charvella A. H.; and it is further,

ORDERED that if none of the above 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 appeals to show cause why the appeals by the respondent-appellant Charvella A. H. 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.