Appellate Division: Second Judicial Department

M267707

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-12116, 2019-12117 In the Matter of Jaziyah A. W. (Anonymous), appellant. (Docket Nos. D-20002-19, D-19998-19)

DECISION & ORDER ON MOTION Assignment of Counsel

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated November 19, 2019, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeals by Jaziyah A. W. from two orders of the Family Court, Kings County, both dated October 9, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lisa Schreibersdorf, dated October 23, 2019, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeals and following named attorney is assigned as attorney for the appellant on the appeals:

Brooklyn Defender Services

195 Montague Street, 5th Floor

Brooklyn, NY 11201

347-592-2518

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 appellant and the respondent(s). 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 attorney for the appellant, 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 attorney for the appellant. The attorney for the appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, when the attorney for the appellant serves a brief upon those parties; and it is further,

ORDERED that the attorney for the appellant shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the attorney for the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the 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 order; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this order, the attorney for the 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 any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

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. Landaverde. Please contact her at 718-722-6487 with any questions.