Appellate Division: Second Judicial Department

M282222

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-01571, 2022-01573, 2022-01849 In the Matter of Jayson C. (Anonymous). Mercy First, petitioner-respondent; Kimberly C. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Nathaniel C. (Anonymous). Mercy First, petitioner-respondent; Kimberly C. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. B-33737-2017, B-33738-2017)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Kimberly C. from an order and an amended order of the Family Court, Kings County, both dated March 1, 2022, and separate appeals by Jayson C. from an amended order of the same Court dated March 1, 2022 and an order dated November 30, 2020. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gerard P. Nolan dated March 24, 2022, it is

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

Warren S. Hecht

118-21 Queens Boulevard, Suite 518

Forest Hills, NY 11375

929-224-2132

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Jayson C. at the address provided by this Court, and on or before April 25, 2022, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Jayson C. is interested in prosecuting the appeals, or

(2) the appellant Jayson C. is not interested in prosecuting the appeals, or that he has been unable to contact the appellant Jayson C., 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, who 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 670.9[a], 1250.5[e][1], 1250.9[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 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 Jayson C. 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., DILLON, DUFFY, BARROS and CONNOLLY, 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.