Appellate Division: Second Judicial Department

M290714

AFA/

FRANCESCA E. CONNOLLY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-01355 In the Matter of Wynter V. (Anonymous). Administration for Children's Services, petitioner-res Felitta V. (Anonymous), respondent-appellant. (Docket No. N-3513-2022)

DECISION & ORDER ON MOTION pondent;

Appeal by Felitta V. from an order of the Family Court, Queens County, dated December 16, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Motion by the attorney for the child to dismiss the appeal as untimely taken.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the attorney for the child and the papers filed in opposition thereto, it is

ORDERED that the motion by the attorney for the child to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further,

ORDERED that the 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; 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:

Peter A. Wilner

155-03 Jamaica Ave.

Jamaica, NY 11432

917-733-5932

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court