Appellate Division: Second Judicial Department

M255999

E/

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10594 In the Matter of Sweba C. (Anonymous), appellant. Nassau County Department of Social Services, petitioner-respondent; Firdous C. (Anonymous), et al., respondents-respondents. (Docket No. N-2043-17/17A)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Sweba C. from an order of the Family Court, Nassau County, dated August 7, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lisa Siano, dated August 24, 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:

Amy L. Colvin

9 Everette Place

Huntington, NY 11743

631-424-8495

and it is further,

ORDERED that Lisa Siano 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. 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 attorney for the child, 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 attorney for the child. The attorney for the child is directed to provide copies of said transcripts to all of the other parties to the appeal, when the attorney for the child serves a brief upon those parties; and it is further,

ORDERED that the attorney for the child shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by attorney for the child of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the child shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this scheduling order, the attorney for the child 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 the Family Court proceedings 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 that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, 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 actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.