Appellate Division: Second Judicial Department

M255200

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10310 In the Matter of Serina M. (Anonymous), Administration for Children's Services, petitioner- respondent; Edward M. M. (Anonymous), repondent-appellant. (Proceeding No. 1) In the Matter of Samuel M. (Anonymous), Administration for Children's Services, petitioner- respondent; Edward M. M. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-3043/15, N-3044-4/15)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Edward M. M. from an order of the Family Court, Kings County, dated July 31, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lindsay Long-Waldor, dated August 29, 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:

Michael A. Fiechter

P.O. Box 1107

Bellmore, NY 11710

718-902-4492

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 October 9, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he 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 he 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 respondent, and the attorney for the children, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act § 1116); additionally, the respondent-appellant is directed to file proof of service of a subpoena upon the clerk of the Family Court requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); 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; 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 respondent-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 children, if any, when counsel serves the respondent-appellant's 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 § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.