Appellate Division: Second Judicial Department

M273410

AFA/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-11206 In the Matter of Lola G. D. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Ivy D. (Anonymous), respondent- appellant. (Docket No. N-9791-2018)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Lola G. D. and separate appeal by Ivy D., from an order of the Family Court, Queens County, dated September 25, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Amanda Franzen, dated October 17, 2019, it is

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

Jennifer A. Arditi

69-06 Grand Avenue

Maspeth, NY 11378

718-426-0444

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Ivy D. at the address provided by this Court, and on or before October 30, 2020, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) Ivy D. is interested in prosecuting her appeal, or

(2) Ivy D. is not interested in prosecuting her appeal, or that she has been unable to contact Ivy D., and wishes to be relieved of the assignment;

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. 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 copy on each other (22 NYCRR 670.9[d][1][ii]; 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 (22 NYCRR 671.9); 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 assigned counsel for Ivy D., 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 for Ivy D. 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 a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Ivy D. 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 Ivy D. is interested in proceeding with her 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 [email protected] or 718-722-6488 with any questions.