Appellate Division: Second Judicial Department

M249669

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-04779, 2018-04780, 2018-04781 In the Matter of Stefano E. W. (Anonymous). Seaman's Society for Children and Families, petitioner-respondent; Stephen J. W. (Anonymous), et al., respondents-appellants. (Docket No. B-04897-14)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeals by Stephen J. W. from two orders of the Family Court, Richmond County, dated May 23, 2017, and April 16, 2018, respectively, and a decision of the same court dated April 2, 2018, and separate appeal by Janet L. J. G. from the order dated April 16, 2018.

On the Court's own motion, it is

ORDERED that the appeal from the order dated May 23, 2017, is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant Social Services Law § 384- b (see Family Ct Act § 1112; Matter of Sheldon D. G., 6 AD3d 613; see also Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085), and leave to appeal has not been granted; and it is further,

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard D. Katz, dated April 24, 2018, the respondent-appellant Stephen J. W. is granted leave to proceed as a poor person on the appeal from the order dated April 16, 2018, and the following named attorney is assigned as counsel to prosecute his appeal from that order:

Mark W. Brandys

225 Broadway, Suite 1800

New York, NY 10007

646-266-2493

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant Stephen J. W. at the address provided by this Court, and on or before May 23, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the respondent-appellant Stephen J. W. is interested in prosecuting his appeal from the order dated April 16, 2018, or

(2) the respondent-appellant Stephen J. W. is not interested in prosecuting his appeal from the order dated April 16, 2018, or that he has been unable to contact the respondent-appellant Stephen J. W., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals from the order dated April 16, 2018 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 child, 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 assigned counsel for the respondent-appellant Stephen J. W., 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals from the order dated April 16, 2018, including the attorney for the child, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by the respondent-appellant Stephen J. W. from the order dated April 16, 2018, 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 Stephen J. W. is interested in proceeding with the appeal from the order dated April 16, 2018, the assigned counsel

is directed to serve a copy of this decision and order on motion upon the clerk of the Family Court, Richmond County.

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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.