Appellate Division: Second Judicial Department

M246301

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-08744, 2017-08751 In the Matter of Nariya C. F. W. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Nyeisha W. (Anonymous), respondent- respondent. (Proceeding No. 1) In the Matter of Na'Zeer C. W. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Nyeisha W. (Anonymous), respondent- respondent. (Proceeding No. 2) In the Matter of Na'Zeer C. W. (Anonymous), appellant. Forestdale, Inc., petitioner-respondent; Nyeisha W. (Anonymous), respondent- respondent. (Proceeding No. 3) In the Matter of Nariya C. F. W. (Anonymous), appellant. Forestdale, Inc., petitioner-respondent; Nyeisha W. (Anonymous), respondent- respondent. (Proceeding No. 4) (Docket Nos. N-17762-14, N-17764-14, B-20125-14, B-6428-16)

DECISION & ORDER ON MOTION

Appeals by Nariya C. F. W. and Na'Zeer C. W. from two orders of the Family Court, Queens County, dated August 9, 2017, and August 10, 2017, respectively. The following named attorney was assigned to represent the appellants by the Family Court, Queens County:

Barbara Caravello, Esq.

155-03 Jamaica Avenue

Jamaica, NY 11432

516-749-3348

On the Court's own motion, it is

ORDERED that Barbara Caravello is relieved as counsel for the appellants and is directed to turn over all papers in the matter to the new attorneys for the appellants herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the appellant Nariya C. F. W.:

James Gavin, Esq.

153-01 Jamaica Avenue, Ste. 201

Jamaica, NY 11432-3826

516-472-0207

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the appellant Na'Zeer C. W.:

Rosa M. Celeste, Esq.

155-03 Jamaica Ave

Jamaica, NY 11432-3829

718-355-9050

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 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 appellant's 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, when counsel serves a brief upon those parties; and it is further,

ORDERED that each 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 each assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; 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 decision and order on motion, each assigned counsel 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 appeals; 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 this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing that party's appeals; and it is further,

ORDERED that if an assigned counsel does not take any of the actions described in (1), (2), (3), or (4) above within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why that party's appeals should or should not be dismissed.

SCHEINKMAN, 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.