Appellate Division: Second Judicial Department

M292758

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-08820 In the Matter of Elizabeth C. (Anonymous), et al., respondents, v Nina F. (Anonymous), et al., appellants; Michael F. (Anonymous), nonparty-respondent. (Proceeding No. 1) In the Matter of Sophia F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Ava F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 3) In the Matter of Lila F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 4) In the Matter of Michael F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 5) (Docket Nos. V-17440-2022, V-17441-2022, V-17442-2022, V-17443-2022, V-17444-2022, V-17445-2022, V-17446-2022, V-17447-2022, NN-8588-2022, NN-8589-2022, NN-8590-2022, NN-8591-2022, NN-8592-2022, NN-8593-2022, NN-8594-2022, NN-8595-2022)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Nina F. and separate appeal by Michael F. from an order of the Family Court, Suffolk County, dated September 15, 2023. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Daniel R. Howard, dated December 1, 2023, it is

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

Thomas J. Butler

P.O. Box 665

Melville, NY 11747

877-847-1896

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Michael F. at the address provided by this Court, and on or before December 26, 2023, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Michael F. is interested in prosecuting his appeal, or

(2) the appellant Michael F. is not interested in prosecuting his appeal, or that the has been unable to contact the appellant Michael F., and wishes to be relieved of the assignment;

and it is further,

ORDERED that the appeal of Michael F. 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 Michael F.'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 Michael F.'s brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal of Michael F. 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 Michael F. is interested in proceeding with his appeal, 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:

Darrell M. Joseph

Acting 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.