Appellate Division: Second Judicial Department

M278419

AFA/

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA�

MARK C. DILLON�

CHERYL E. CHAMBERS, JJ.

2021-04418 In the Matter of Miranda G.-C. (Anonymous). Administration for Children's Services, petitioner-ap Magali M.-C. (Anonymous), et al., respondents-respo Rafael G. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Estephania G.-M. (Anonymous). Administration for Children's Services, petitioner-ap Magali M.-C. (Anonymous), et al., respondents-respo Rafael G. (Anonymous), nonparty-appellant. (Proceeding No. 2) (Docket Nos. NA-12350-2020, NA-12351-2020)

ORDER ON CERTIFICATION Assignment of Counsel pellant; ndents; pellant; ndents;

Appeal by Rafael G., and separate appeal by Administration for Children's Services, from an order of the Family Court, Kings County, dated May 28, 2021. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Christopher Charnetsky, dated July 23, 221, it is

ORDERED that the appellant Rafael G. is granted leave to proceed as a poor person and the following named attorney is assigned as counsel to prosecute his appeal:

Christopher Charnetsky

300 Cadman Plaza West, 12th Fl.

Brooklyn, NY 11201

347-926-3010

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 appellants, the respondent, and the attorney for the children, if any. The parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (see 22 NYCRR 670.9[a]; 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 (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 the appellant'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 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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that assigned counsel 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 the appeal by Rafael G. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 within 30 days after the date of this order, the assigned counsel 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 appeal by Rafael G; 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal by Rafael G. should or should not be dismissed.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.