Appellate Division: Second Judicial Department

M287880

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2021-06566, 2022-08447 In the Matter of Timothy K. (Anonymous), Jr. Suffolk County Department of Social Services, Child Protective Services, petitioner-respondent; Timothy K. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Alyssa K. (Anonymous). Suffolk County Department of Social Services, Child Protective Services, petitioner-respondent; Timothy K. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Alyssa K. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Timothy K. (Anonymous), Sr., respondent-appellant; Frank A. Tantone, nonparty-respondent. (Proceeding No. 3) In the Matter of Timothy K. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Timothy K. (Anonymous), Sr., respondent-appellant; Frank A. Tantone, nonparty-respondent. (Proceeding No. 4) (Docket Nos. NN-3933-2020, NN-3934-2020)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Suffolk County, dated July 22, 2021, and September 6, 2022, respectively. By order to show cause dated January 13, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated September 6, 2022, for failure to comply with a scheduling order dated November 21, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant to consolidate the appeals and, in effect, for leave to prosecute the appeal from the order dated September 6, 2022, as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated September 6, 2022, is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to prosecute the appeal from the order dated September 6, 2022, as a poor person and for the assignment of counsel is granted; and it is further,

ORDERED that the appeal from the order dated September 6, 2022, 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; 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 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order dated September 6, 2022:

Arza R. Feldman

1129 Northern Blvd.., Ste. 404

Manhasset, NY 11030

516-441-0452

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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

BARROS, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court