Matter of S. (Anonymous), Judah; R. (Anonymous), Victoria; R. (Anonymo
Motion No: 2019-01525
Slip Opinion No: 2019 NY Slip Op 69016(U)
Decided on April 26, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262240

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-01525

In the Matter of Judah S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ingrid G. R. (Anonymous),

and Gary R. respondents-appellants.

(Proceeding No. 1)

In the Matter of Victoria R. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ingrid G. R. (Anonymous),

and Gary R. respondents-appellants.

(Proceeding No. 2)

In the Matter of Joel R. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ingrid G. R. (Anonymous),

and Gary R. respondents-appellants.

(Proceeding No. 3)

(Docket Nos. N-25204-17, N-25205-17,

N-25206-17)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeal by Ingrid G. R., and separate appeal by Gary R., from an order of the Family Court, Queens County, dated January 18, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Robert E. Silverberg, dated April 20, 2019, it is

ORDERED that the appellant Gary R. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Heath J. Goldstein

90-50 Parsons Blvd., Suite 216

Jamaica, NY 11432

646-436-1052

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Gary R. at the address provided by this Court, and on or before May 10, 2019, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Gary R. is interested in prosecuting the appeal, or

(2) the appellant Gary R. is not interested in prosecuting the appeal, or that he or she has been unable to contact him, 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 appellants, 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 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 counsel for Gary R., 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 for Gary R. Counsel for Gary R. 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 brief of Gary R. upon those parties; and it is further,

ORDERED that the counsel for Gary R. 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 Gary R. is interested in proceeding with the appeal, 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.