Appellate Division: Second Judicial Department

M265527

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-08503 In the Matter of Hope J. (Anonymous). Forestdale, Inc., respondent; Fatima M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Nyla J. (Anonymous). Forestdale, Inc., respondent; Fatima M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nadine Clark, appellant- respondent, v Anthony Jackson, respondent, Fatima Martin, respondent-appellant. (Proceeding No. 3) (Docket Nos. B-1780-16, B-8037-17, V-8196-17, V-8197-17)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated August 1, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Nadine C. and cross appeal by Fatima M. from an order of the Family Court, Queens County, dated June 12, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Corinne Lundstrum, dated July 12, 2019, it is

ORDERED that the cross-appellant Fatima M. is granted leave to proceed as a poor person, and the following named attorney is assigned as counsel to prosecute the cross appeal:

Melissa Chernosky

155-03 Jamaica Avenue

Jamaica, New York 11432

516-736-5935and it is further,

ORDERED that assigned counsel shall promptly attempt to contact Fatima M. at the address provided by this Court, and on or before August 15, 2019, shall notify the Case Manager, in writing, that she has done so and that either

(1) Fatima M. is interested in prosecuting the cross appeal, or

(2) Fatima M. is not interested in prosecuting the cross appeal, or that she has been unable to contact Fatima M., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. 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 assigned counsel for Fatima M., 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, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the cross 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 Fatima M. is interested in proceeding with the cross appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Kings County.

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.