Matter of G. (Anonymous), Nicholas; Suffolk County Department of Socia
Motion No: 2019-04914
Slip Opinion No: 2019 NY Slip Op 72256(U)
Decided on June 10, 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

M263367

mm/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04914

In the Matter of Nicholas G. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; Candace G. (Anonymous),

et al., respondents-appellants.

(Docket Nos. N-13324-18/18E, N-13325-18/18A)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeal by Candace G., and separate appeal by Sergio B., from an order of the Family Court, Suffolk County, dated April 1, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Anthony Parisi, dated June 3, 2019, it is

ORDERED that the appellant Candace G. 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:

Susan A. DeNatale

982 Montauk Highway, Suite 8

Bayport, NY 11705

631-772-1246

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Candace G. at the address provided by this Court, and on or before June 24, 2019, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant Candace G. is interested in prosecuting her appeal, or

(2) the appellant Candace G. is not interested in prosecuting her appeal, or that she has been unable to contact the appellant Candace G., 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 respondents-appellants, the petitioner-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 (22 NYCRR 671.9); 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 for the respondent-appellant Candace G., 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 child, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Candace G. expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that upon a determination that the appellant Candace G. is interested in proceeding with her 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.