Appellate Division: Second Judicial Department

M264293

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-07078 In the Matter of Bryce L. (Anonymous). Administration for Children's Services, petitioner-respondent, v David A. Benowitz, respondent-appellant. (Proceeding No. 1) In the Matter of Harley B. (Anonymous). Administration for Children's Services, petitioner-respondent, v David A. Benowitz, respondent-appellant. (Proceeding No. 2) (Docket Nos. N-7281-19, N-7282-19)

DECISION & ORDER ON MOTION

Appeal by David A. Benowitz from an order of the Family Court, Kings County, dated June 12, 2019.

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated July 8, 2019, as granted the branches of the respondent-appellant's motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel is recalled and vacated, and those branches of the motion are denied as unnecessary; and it is further,

ORDERED that the scheduling order of this Court dated July 8, 2019, is recalled and vacated; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jessica Marcus, dated June 14, 2016, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal:

Brooklyn Defender Services,

Family Defense Practice

180 Livingston Street, Suite 300

Brooklyn, NY 11201

347-592-2528

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 appellant-respondent, the petitioner-respondent, and the attorney for the children, if any. The parties are directed to file nine copies 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 respondent-appellant's 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 appeal, 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 shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant 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 respondent-appellant 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 the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that assigned counsel served a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the 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 appeal to show cause why the appeal should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court