Appellate Division: Second Judicial Department

M253020

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-12939 In the Matter of Jalaysia S. (Anonymous). Westchester Department of Social Services, petitioner-respondent; Joshua S. (Anonymous), respondent-appellant. (Docket No. N-11778-15)

DECISION & ORDER ON MOTION

Appeal by Joshua S. from an order of the Family Court, Westchester County, dated November 1, 2017.

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated December 27, 2017 (2017 NY Slip Op 96692[U]), and the scheduling orders of this Court dated June 5, 2018 (2018 NY Slip Op 74213[U]), and July 11, 2018 (2018 NY Slip Op 77371[U]), respectively, in the above-entitled case are recalled and vacated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon a certification dated December 4, 2017, the following named attorney is assigned as counsel to prosecute the appeal, nunc pro tunc to December 27, 2017:

Daniel L. Pagano

2649 Strang Boulevard, Suite 303

Yorktown Heights, NY 10598

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 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 appeal, including the attorney for the child, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,

ORDERED that the time to perfect the appeal is enlarged and the appeal is deemed timely perfected; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion 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