Matter of P. (Anonymous), Jeffrey J.; Catholic Guardian Services
Motion No: 2018-06987
Slip Opinion No: 2018 NY Slip Op 77223(U)
Decided on July 9, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M252080

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-06987

In the Matter of Jeffrey J. P. (Anonymous), Jr.

Catholic Guardian Services, petitioner-respondent;

Anna A. (Anonymous), respondent-appellant.

(Docket No. B-13021-17)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeal by Anna A. from an order of the Family Court, Queens County, dated April 9, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Stuart N. Altman, dated June 26, 2018, it is

ORDERED that the respondent-appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

866-565-3441

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by this Court, and on or before July 23, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

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

(2) the respondent-appellant is not interested in prosecuting the appeal, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the respondent-appellant, 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 the respondent-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 appellant's assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, 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 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 appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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.