Appellate Division: Second Judicial Department

M286194

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-09262, 2022-09263, 2022-09265, 2022-09427 In the Matter of Asharia W. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Maisha H. (Anonymous), respondent-appellant-respondent; Whilma H. (Anony respondent-respondent-appellant. (Proceeding No. 1) In the Matter of Giomari H. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Maisha H. (Anonymous), respondent-appellant-respondent; Whilma H. (Anony respondent-respondent-appellant. (Proceeding No. 2) In the Matter of Whilma H. (Anonymous), appellant, v Maisha H. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. V-10790-2016, V-10791-2016, V-21976-2016, N-11781-2016, N-11782-2016)

ORDER ON CERTIFICATION Assignment of Counsel mous), mous),

Appeals by Maisha H. from three orders of the Family Court, Kings County, all dated November 1, 2022, under Appellate Division Docket Nos. 2022-09262, 2022-09263, and 2022-09265. Cross appeal by Whilma H. from the order dated November 1, 2022, under Appellate Division Docket No. 2022-09263, and appeal by Whilma H. from an order dated November 1, 2022, under Appellate Division Docket No. 2022-09427. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan Iannelli, dated November 22, 2022, it is

ORDERED that Whilma H. is granted leave to proceed as a poor person on the appeals and cross appeal, and the following named attorney is assigned as counsel to prosecute her appeal and cross appeal:

Mark Diamond

Box 388 Pound Ridge

New York, NY 10576-9919

917-660-8758

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact Whilma H. at the address provided by this Court, and on or before December 28, 2022, shall notify the Case Manager, in writing, that he has done so and that either

(1) Whilma H. is interested in prosecuting her appeal and cross appeal, or

(2) the appellant is not interested in prosecuting her appeal and cross appeal, or that he has been unable to contact Whilma H., and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals and cross appeal 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 assigned counsel for Whilma H., 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, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal and cross appeal by Whilma H. 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 Whilma H. is interested in proceeding with her appeal and cross appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Kings County.

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.