Appellate Division: Second Judicial Department

M290833

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2023-06690, 2023-06692 In the Matter of Emmanuel P. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Kimberly E. A.-N. (Anonymous), respondent-appellant, et al., respondent. (Docket Nos. N-7034-22022, V-10946-2023)

DECISION & ORDER ON MOTION

Appeals by Kimberly E. A.-N. from two orders of the Family Court, Kings County, dated July 18, 2023, and May 30, 2023, respectively. Motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals, to direct an immediate hearing pursuant to Family Court Act § 1028, for a preference in the calendaring of the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to stay enforcement of the orders, pending hearing and determination of the appeals, and to direct an immediate hearing pursuant to Family Court Act § 1028, are denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied as unnecessary (see 22 NYCRR 670.3[b]); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; 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 Acting 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 appeals, 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 appeals:

Christian P. Myrill

155-03 Jamaica Avenue

Jamaica, NY 11432

347-870-1803

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.

CONNOLLY, J.P., MALTESE, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court