Appellate Division: Second Judicial Department

M250609

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-04780 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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated May 21, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by Stephen J. W. and Janet L. J. G. from an order of the Family Court, Richmond County, dated April 16, 2018. By decision and order on motion of this Court dated May 9, 2018, and upon certification of Richard D. Katz dated April 24, 2018, the respondent-appellant Stephen J. W. was granted poor person relief, and the following named attorney was assigned to prosecute his appeal:

Mark W. Brandys

225 Broadway, Suite 1800

New York, NY 10007

646-266-2493

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal of the respondent-appellant Stephen J. W. is relieved of the assignment and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal on behalf of the respondent-appellant Stephen J. W.:

Warren S. Hecht

118-21 Queens Blvd., Suite 518

Forest Hills, NY 11375

718-575-8721

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 June 8, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the respondent-appellant Stephen J. W. is interested in prosecuting his appeal, or

(2) the respondent-appellant Stephen J. W. is not interested in prosecuting his appeal, 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 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, 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., 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 his appeal, 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.