Appellate Division: Second Judicial Department

M253560

T/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-08468, 2018-08470 In the Matter of Jose M. E. (Anonymous), Jr. Administration for Children's Services, respondent; Jose M. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Jada E. (Anonymous). Administration for Children's Services, respondent; Jose M. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Victoria O. (Anonymous). Administration for Children's Services, respondent; Jose M. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Comanche L. (Anonymous). Administration for Children's Services, respondent; Jose M. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. N-17442-13, N-17443-13, N-17444-13 N-11552-14)

ORDER ON CERTIFICATION Assignment of Counsel ,

Appeals by Jose M. (Anonymous) and Carmen N. (Anonymous) from two orders of the Family Court, Kings County, dated July 20, 2016, and July 6, 2018, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan Iannelli, dated July 27, 2018, it is

ORDERED that the appellant Jose M. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Tennille Michelle Tatum-Evans

316 W. 116th St. Ste, 3B

New York, NY 10026

347-645-6660

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the Jose M. at the address provided by this court, and on or before August 20, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) Jose M. is interested in prosecuting the appeals, or

(2) Jose M. is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, 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 Jose M., the respondent, and the attorney for the children, 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 Jose M.'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 appeals, including the attorney for the children, if any, when counsel serves Jose M.'s brief upon those parties; and it is further,

ORDERED that the 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 upon a determination that Jose M. is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.