Appellate Division: Second Judicial Department

M270052

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-14508 In the Matter of Elizabeth E. H. (Anonymous). Forestdale, Inc., petitioner-respondent, et al., petitioner; Camille M. M. (Anonymous), et al., respondents-appellants. (Docket No. B-4731/19)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Camille M. M., and separate appeal by Duane D. H., from an order of the Family Court, Queens County, dated December 4, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Wendy Pelle-Beer, dated January 23, 2020, it is

ORDERED that the appellant Duane D. H. is granted leave to proceed as a poor person on his appeal, and the following named attorney is assigned as counsel to prosecute his appeal:

Jill M. Zuccardy

225 Broadway, Suite 1515

New York, NY 10007

212-962-1192

and it is further,

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

(1) the appellant Duane D. H. is interested in prosecuting his appeal, or

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

ORDERED that Duane D. H.'s appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 appellant Duane D. H.'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 appellant Duane D. H.'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 appellant Duane D. H.'s brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Duane D. H. 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 appellant Duane D. H. is interested in proceeding with his appeal, the assigned counsel is directed to serve a copy of 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. Vazquez. Please contact her at 718-722-6488 with any questions.