Appellate Division: Second Judicial Department

M310788

E/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2025-12040, 2026-00640 In the Matter of Michelle M. (Anonymous). Administration for Children's Services, petitioner-respondent; Miguel M. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Sharon M. (Anonymous). Administration for Children's Services, petitioner-respondent; Miguel M. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Administration for Children's Services, petitioner-respondent; Miguel M. (Anonymous), et al., respondents-appellants. (Proceeding No. 3) (Docket Nos. NN-7450-2021, NN-7451-2021, NN-7452-2021)

DECISION AND ORDER ON MOTION Assignment of Counsel

Appeal by Miguel M. from an order of the Family Court, Queens County, dated September 5, 2025, and separate appeal by Esther G. from an order of the same dated September 2, 2025.

On the Court's own motion, it is

ORDERED that the notice of appeal by Esther G. from the order dated September 2, 2025, is deemed to be a notice of appeal from the order dated September 5, 2025 (see CPLR 5512[a]). The appeal by Esther G. from the order dated September 5, 2025, will be prosecuted under Appellate Division Docket No. 2025-12040, and not under Appellate Division Docket No. 2026-00640; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Roach Bernard, dated December 15, 2025, the appellant Esther G. is granted waiver of costs, fees, and expenses on her appeal, and the following named attorney is assigned as counsel to prosecute the appeal by Esther G.:

Helene Chowes

20 Park Avenue

New York, NY 10016

347- 615-5842

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Esther G. at the address provided by this Court, and on or before February 13, 2026, shall notify the Case Manager assigned to the appeals, in writing, that counsel has done so and that either

(1) the appellant Esther G. is interested in prosecuting her appeal, or

(2) the appellant Esther G. is not interested in prosecuting her appeal, or that counsel has been unable to contact the appellant Esther G., and wishes to be relieved of the assignment;

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 (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 Esther G.'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 a brief upon those parties; and it is further,

ORDERED that the assigned counsel for Esther G. shall prosecute her appeal 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 Esther G. is interested in proceeding with her appeal, assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Family Court, Queens County.

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.