Matter of B. (Anonymous), David; T. (Anonymous), Danielle; Administrat
Motion No: 2018-09169
Slip Opinion No: 2018 NY Slip Op 80184(U)
Decided on August 10, 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

M253791

T/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-09169, 2018-09170

In the Matter of David B. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Stacy T. (Anonymous), respondent-

appellant.

(Proceeding No. 1)

In the Matter of Danielle T. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Stacy T. (Anonymous), respondent-

appellant.

(Proceeding No. 2)

(Docket Nos. N-11705-16, N-11706-16)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeals by Stacy T. from two orders of the Family Court, Queens County, dated March 1, 2018, and June 27, 2018, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Nick Bonham, dated July 12, 2018, it is

ORDERED that the appellant 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:

Richard J. Cardinale

26 Court Street, Suite 1815

Brooklyn, NY 11242

718-624-9391

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before August 27, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that he 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 the appellant, 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 the 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 appeals, including the attorney for the children, if any, when counsel serves the appellant'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 the appellant 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.