Appellate Division: Second Judicial Department

M239231

SL/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-10330 In the Matter of Phoenix (Anonymous), appellant. Joseph K. (Anonymous), et al., petitioners- appellants; Suffolk County Department of Social Services, respondent-respondent. (Docket Nos. A-4-17, A-530-17)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Phoenix, and separate appeal by Joseph K. and Donna K., from an order of the Family Court, Suffolk County, dated August 22, 2017. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Colleen R. Nugent, Esq., dated September 15, 2017, it is

ORDERED that the appellants Joseph K. and Donna K. are granted leave to proceed as poor persons on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of Joseph K. and Donna K.:

Glenn Gucciardo, Esq.

256 Main Street, Suite 206

Northport, NY 11768

631-262-6911

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellants Joseph K. and Donna K. at the address provided by the Court, and on or before October 30, 2017, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellants Joseph K. and Donna K. are interested in prosecuting the appeal, or

(2) the appellants Joseph K. and Donna K. are not interested in prosecuting the appeal, or that he has been unable to contact them, 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 petitioners-appellants, and the respondent-respondent. 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 Joseph K. and Donna K., 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 of Joseph K. and Donna K. Counsel for Joseph K. and Donna K. is directed to provide copies of said transcripts to all of the other parties to the appeals, when counsel serves the brief of Joseph K. and Donna K. upon those parties; and it is further,

ORDERED that the counsel for Joseph K. and Donna K. shall prosecute their 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 the appellants Joseph K. and Donna K. are interested in proceeding with their 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.