Appellate Division: Second Judicial Department

M293650

KL/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-00208 In the Matter of Saige F. (Anonymous). Administration for Children's Services, petitioner-respondent; Christina F. (Anonymous), respondent-appellant-respondent, Terrence W. (Anonymous), respondent-respondent-a (Proceeding No. 1) In the Matter of Niyah W. (Anonymous). Administration for Children's Services, petitioner-respondent; Christina F. (Anonymous), respondent-appellant-respondent, Terrence W. (Anonymous), respondent-respondent-a (Proceeding No. 2) (Docket Nos. N-18767-2017, N-18768-2017)

ORDER ON CERTIFICATION Assignment of Counsel ppellant. ppellant.

Appeal by Christina F. and cross-appeal by Terrence W. from an order of the Family Court, Queens County, dated December 12, 2023. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Tehra Coles, dated January 4, 2024, it is

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

Christian P. Myrill

155-03 Jamaica Avenue

Jamaica, NY 11432

347-870-1803

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Christina F. at the address provided by this Court, and on or before February 13, 2024, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

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

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

ORDERED that the appeal by Christina F. will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties 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 (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'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 appeal and cross-appeal, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Christina 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 Christina F. is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal and cross-appeal 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. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.