Appellate Division: Second Judicial Department

M243691

SL/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-12937, 2017-12938 In the Matter of Tanisha M. M. (Anonymous). Toni D. S. (Anonymous), petitioner-respondent; Administration for Children's Services, et al., respondents-respondents; Anthony M. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Anthony C. M. (Anonymous). Toni D. S. (Anonymous), petitioner-respondent; Administration for Children's Services, et al., respondents-respondents; Anthony M. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. G-21251-15, G-21249/15)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Anthony M. from two orders of the Family Court, Kings County, both dated November 2, 2017.

On the Court's own motion, it is

ORDERED that the appeals are consolidated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Patricia Martin-Gibbons, Esq., dated December 8, 2017, the respondent-appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Rhonda R. Weir, Esq.

26 Court Street, Suite 1917

Brooklyn, NY 11242

347-328-2680

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by the Court, and on or before January 9, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the respondent-appellant is interested in prosecuting the appeals, or

(2) the respondent-appellant is not interested in prosecuting the appeals, or that she has been unable to contact the respondent-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 parties. The parties are directed to file 10 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 respondent-appellant's 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 children, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 respondent-appellant is interested in proceeding with the appeals, 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.