Appellate Division: Second Judicial Department

M266875

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-10386 In the Matter of Deondre R. (Anonymous). Administration for Children's Services, petitioner-respondent; Annabel R. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Michael Jude Douglas, petitioner-respondent-appellant, v Annabel R. (Anon appellant-respondent. (Proceeding No. 2) (Docket Nos. N-9592-17, V-16507-17)

ORDER ON CERTIFICATION Assignment of Counsel ymous),

Appeal by Annabel R. and cross appeal by Michael Jude Douglas from an order of the Family Court, Queens County, dated August 2, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Milana Shimanova, dated September 19, 2019, it is

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

Daniel P. Moskowitz

155-03 Jamaica Avenue

Jamaica, NY 11432

718-812-8248

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the cross-appellant at the address provided by this Court, and on or before November 7, 2019, shall notify the Case Manager assigned to the appeal and cross appeal, in writing, that he has done so and that either

(1) the cross-appellant is interested in prosecuting the cross appeal, or

(2) the cross-appellant is not interested in prosecuting the cross appeal, or that he has been unable to contact the cross-appellant, 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 appellant, the cross-appellant, the 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 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 cross-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 cross-appellant's 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 child, if any, when counsel serves the cross appellant's 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 the cross-appellant 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 appeal and cross appeal 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.