Appellate Division: Second Judicial Department

M260134

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-01243 In the Matter of Riley P. (Anonymous). Administration for Children's Services, petitioner-respondent; Raymond S. (Anonymous), et al., respondents-appellants. (Docket No. N-6026-18)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Raymond S., and separate appeal by Michelle P., from an order of the Family Court, Queens County, dated January 16, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Joel Serrano, dated February 8, 2019, it is

ORDERED that the appellant Raymond S. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of Raymond S.:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, New York 10016

212-818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Raymond S. at the address provided by this Court, and on or before February 28, 2019, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Raymond S. is interested in prosecuting his appeal, or

(2) the appellant Raymond S. is not interested in prosecuting his appeal, or that he has been unable to contact the 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 appellants, the respondent, and the attorney for the child, 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 copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 assigned counsel of Raymond S., 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 of Raymond S. Assigned counsel of Raymond S. is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the brief of the appellant Raymond S. upon those parties; and it is further,

ORDERED that the assigned counsel of Raymond S. shall prosecute his 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 appellant Raymond S. is interested in proceeding with his appeal, the assigned counsel of Raymond S. is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.