Appellate Division: Second Judicial Department

M261242

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-13417, 2018-13418 In the Matter of Mya R. (Anonymous). Administration for Children's Services, petitioner-respondent; Theodore R. (Anonymous), Patricia F. (Anonymous), respondents-appellants, et al., respondents. (Proceeding No. 1) In the Matter of Morgan R. (Anonymous). Administration for Children's Services, petitioner-respondent, Theodore R. (Anonymous), Patricia F. (Anonymous), respondents-appellants, et al., respondents. (Proceeding No. 2) (Docket Nos. N-03996-15, N-03997-15)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Theodore R., and separate appeals by Patricia F., from two orders of the Family Court, Richmond County, dated August 17, 2018, and October 30, 2018, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Christopher P. Nalley, dated March 13, 2019, it is

ORDERED that the appellant Patricia F. 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:

Geanine Towers

179 Bay Ridge Avenue

Brooklyn, NY 11220

718-759-1000

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Patricia F. at the address provided by this Court, and on or before April 4, 2019, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Patricia F. is interested in prosecuting the appeals, or

(2) the appellant Patricia F. is not interested in prosecuting the appeals, or that she has been unable to contact the 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 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); 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 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 appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel for Patricia F. 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 appellant Patricia F. 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 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.