Matter of C. (Anonymous), Austin; C. (Anonymous), Alayna; Administrati
Motion No: 2023-08239
Slip Opinion No: 2024 NY Slip Op 65615(U)
Decided on April 10, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295584

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-08239, 2023-08241

In the Matter of Austin C. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Rasaan K. C. (Anonymous),

respondent-appellant; Krystle C. (Anonymous),

nonparty-respondent.

(Proceeding No. 1)

In the Matter of Alayna C. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Rasaan K. C. (Anonymous),

respondent-appellant; Krystle C. (Anonymous),

nonparty-respondent.

(Proceeding No. 2)

(Docket Nos. N-5368-2023/2023A, N-5367-2023/20

N-13481-2021/2023B, N-13481-2021/2023A,

N-13482-2021/2023A, N-13482-2021/2023B)

DECISION & ORDER ON MOTION















23A,

Appeals by Rasaan K. C. from two orders of the Family Court, Queens County, dated August 9, 2023, and August 10, 2023, respectively. Motion by the appellant pro se 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is 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 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:

Joan Iacono

2 Overhill Road, Ste. 400

Scarsdale, NY 10583

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.

DUFFY, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court