Appellate Division: Second Judicial Department

M255773

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10228, 2018-10229 In the Matter of Jeremiah J. (Anonymous). Administration for Children's Services, petitioner- respondent; Selene A. C. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Malachi R. (Anonymous). Administration for Children's Services, petitioner- respondent; Selene A. C. (Anonymous), respondent- appellant. (Proceeding No. 2) In the Matter of Quran C. (Anonymous). Administration for Children's Services, petitioner- respondent; Selene A. C. (Anonymous), respondent- appellant. (Proceeding No. 3) (Docket Nos. N-23562-16, N-23561-16, N-23563-16)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Selene A. C. from two orders of the Family Court, Queens County, dated February 26, 2018, and August 7, 2018, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan Gerner, dated September 18, 2018, it is

ORDERED that the respondent-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:

Joseph H. Nivin

118-35 Queens Boulevard, Suite 1220

Forest Hills, NY 11375

347-642-0376

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 12, 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 appeals, or

(2) the respondent-appellant is not interested in prosecuting the appeals, 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 appeals 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 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 appeals, 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 appeals 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 appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals 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.