Appellate Division: Second Judicial Department

M271375

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-13546, 2019-14264 In the Matter of Sylvie S. (Anonymous). Administration for Children's Services, petitioner-respondent; Cynthia F. W. (Anonymous), respondent-appellant. (Docket No. N-14399-2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Kings County, dated November 27, 2019, and December 17, 2019, respectively. Motion by the appellant for summary reversal of the order dated November 27, 2019, and to return the subject child to her care and custody. Separate motion by the appellant pro se to consolidate the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion, inter alia, for summary reversal and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to consolidate the appeals and no papers having been filed in opposition and in relation thereto, it is

ORDERED that the motion for summary reversal of the order dated November 27, 2019, and to return the subject child to the appellant's care and custody is denied; and it is further,

ORDERED that the motion to consolidate the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel is granted; 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 parties who 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's 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Peter A. Wilner

155-03 Jamaica Avenue

Jamaica, NY 11432

917-733-5932

and it is further,

ORDERED that the 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 (22 NYCRR 670.3[b]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court