Opinion
2013-07546 2013-07547 Docket No. D-04434-12 M160104
07-31-2013
In the Matter of Keir B. (Anonymous), appellant.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
ORDER ON CERTIFICATION Assignment of Counsel
Appeals by Keir B. from two orders of the Family Court, Richmond County, dated May 20, 2013, and July 9, 2013, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jared M. Berliner, Esq., dated July 22, 2013, it is
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the juvenile on the appeals:
Geanine Towers, Esq.
179 Bay Ridge Avenue
Brooklyn, N.Y. 11220
347-457-0050
and it is further,
ORDERED that Jared M. Berliner, Esq., is directed to turn over all papers in the proceeding to the new attorney for the juvenile herein assigned; 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 attorney for the juvenile and the respondent(s). The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; 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 attorney for the juvenile, 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 attorney for the juvenile. The attorney for the juvenile is directed to provide copies of said transcripts to all of the other parties to the appeals, when the attorney for the juvenile serves a brief upon those parties; and it is further,
ORDERED that attorney for the juvenile shall serve a copy of this order on certification upon the clerk of the court from which the appeals are taken; and it is further,
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the juvenile of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the juvenile shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this order on certification; and it is further,
ORDERED that within 30 days after the date of this order on certification, the attorney for the juvenile shall file in the office of the Clerk of this Court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that this order on certification has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this order on certification, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.