Appellate Division: Second Judicial Department

M280416

AFA/

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2021-08229, 2021-08230 In the Matter of Aurora B. (Anonymous). Commissioner of Social Services, petitioner-respond Eric H. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Ophelia B.-H. (Anonymous). Commissioner of Social Services, petitioner-respond Eric H. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. NN-02032-2020, NN-02042-2020, NN-02043-2020)

DECISION & ORDER ON MOTION Assignment of Counsel ent; ent;

Appeals by Eric H. and Julia B. from two orders of the Family Court, Rockland County, both entered August 19, 2021. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Alan John Clark, dated December 2, 2021, it is

ORDERED that the appellant Julia B. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel for Julia B. to prosecute the appeals:

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Fl.

New York, NY 10105

212-964-7983

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Julia B. at the address provided by this Court, and on or before December 29, 2021, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

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

(2) the appellant Julia B. is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, 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 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 (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 appellant's 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 children, if any, when counsel serves the appellant's brief upon those parties; 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 upon a determination that the appellant Julia B. is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

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

ENTER:

Maria T. Fasulo

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.