Appellate Division: Second Judicial Department

M258024

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10430, 2018-13887 In the Matter of Isabelle C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Caitlynn H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Matthew H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 3) In the Matter of Liam H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 4) In the Matter of Jocelynn B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 5) In the Matter of Justin B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jarred B. (Anonymous), respondent-appellant. (Proceeding No. 6) (Docket Nos. N-8331-16, N-8332-16, N-8333-16, N-8344-16, N-8345-16, N-8351-16)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Suffolk County, dated August 13, 2018, and November 13, 2018, respectively.

On the Court's own motion, it is

ORDERED that the appeals are consolidated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, upon the certification of Daniel R. Howard, dated September 18, 2018, and upon the order on certification of this Court dated September 25, 2018, which granted poor person relief and the assignment of counsel with respect to the appeal from the order dated August 13, 2018, the respondent-appellant also is granted leave to proceed as a poor person on the appeal from order dated November 13, 2018, and the following named attorney also is assigned as counsel to prosecute that appeal:

Arza R. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, New York 11556

516-522-2828

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 petitioner-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 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the 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 appeals; 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 the order on certification of this Court dated September 25, 2018, as well as this order have been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court