Appellate Division: Second Judicial DepartmentM269321

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-11682, 2019-11929 In the Matter of Justice F. (Anonymous). Administration for Children's Services, petitioner- respondent; Domingo F. (Anonymous), respondent- respondent, Jessica V. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Jesse F. (Anonymous). Administration for Children's Services, petitioner- respondent; Domingo F. (Anonymous), respondent- respondent, Jessica V. (Anonymous), respondent- appellant. (Proceeding No. 2) In the Matter of Domingo Figueroa, respondent, v Jessica Varney, appellant, et al., respondent. (Proceeding No. 3) In the Matter of Jessica Varney, appellant, v Domingo Figueroa, respondent. (Procceding No. 4) (Docket Nos. N-4505-6/17, V-13675-6/17, V-4338-9/19)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 27, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Family Court, Queens County, dated September 10, 2019, and August 21, 2019, respectively. By order on certification dated December 18, 2019, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

Robin Stone Einbinder

155-03 Jamaica Avenue

Jamaica, NY 11432

718-340-3226

On the Court's own motion, it is

ORDERED that counsel is relieved of the assignment and directed to turn over all papers in the above-entitled matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel to prosecute the appeals:

Cheryl Charles-Duval

44 Court St., Ste. 909

Brooklyn, NY 11201

718-522-7472

and it is further,

ORDERED that assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to 670.3(b) of the rules of this Court (11 NYCRR 670.3[b]); and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before February 19, 2020, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

(2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of the order on certification dated December 18, 2019, as well as 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. Landaverde. Please contact her at 718-722-6487 with any questions.