Appellate Division: Second Judicial Department

M303952

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-03265, 2025-03272, 2025-03561, 2025-04667 In the Matter of Erik D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Elliot D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) In the Matter of Ethan D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 3) In the Matter of Evan D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 4) (Docket Nos. NA-12551-2017, NA-12552-2017, NA-12553-2017, NA-12554-2017, V-1126-2025, V-1127-2025)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Erika R. from two orders of the Family Court, Queens County, one dated February 13, 2025, under Family Court Docket Nos. N-12551-2017 and N-12554-2017, and one dated January 17, 2025. Separate appeals by Ivan D. from three orders of the Family Court, Queens County, the order dated February 13, 2025, under Family Court Docket Nos. N-12551-2017 and N-12554-2017, an order of the same court dated January 15, 2025, and an order of the same court also dated February 13, 2025, under Family Court Docket Nos. V-1126-2025 and V-1127-2025. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Kaitlan Moe, dated March 5, 2025, it is

ORDERED that the appellant Erika R. is granted waiver of costs, fees and expenses on the appeals, and 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 assigned counsel shall promptly attempt to contact the appellant Erika R. at the address provided by this Court, and on or before May 14, 2025, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Erika R. is interested in prosecuting the appeals, or

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

ORDERED that the appeals of Erika R. 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 Erika R.'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 attorneys for the children, if any, when counsel serves the appellant Erika R.'s brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals of Erika R. 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 Erika R. is interested in proceeding with the appeals, 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

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.