Appellate Division: Second Judicial Department

M254805

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-09565 In the Matter of Mario H.-M. (Anonymous), appellant. (Docket Nos. D-4492-18, D-4764-18)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Mario H.-M. from an order of the Family Court, Nassau County, dated July 3, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Rachael Rayzak, dated August 28, 2018, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the child on the appeal:

Lisa Siano

2059 Merrick Road, #340

Merrick, NY 11566

516-368-7091

and it is further,

ORDERED that Rachael Rayzak is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned; 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 respondent(s), when counsel serves the appellant's brief upon respondent(s); and it is further,

ORDERED that the appellant's assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that within 30 days after the date of this order on certification, the appellant's assigned counsel shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that this order on certification has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this order on certification, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

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.