Opinion
Motion Nos. 2022-07854 2022-07856 2022-08390 Docket Nos. B-24825-2017 B-24285-2017 N-29971-2015
12-19-2022
In the Matter of Ruth C. (Anonymous). Mercy First, petitioner-respondent; Jaslene B. (Anonymous), et al., respondents-appellant (Proceeding No. 1) In the Matter of Ruth C. (Anonymous). Administration for Children's Services, petitioner-respondent; Jaslene B. (Anonymous), et al., respondents-appellant (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
M286471
JV/HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Assignment of Counsel
Appeals by Jaslene B. from two orders of the Family Court, Kings County, dated October 10, 2019, and August 23, 2022, respectively. Separate appeals by Jeanty O. from the order dated August 23, 2022, and an order of the same court dated September 12, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Joanna Galia, dated December 12, 2022, it is
ORDERED that the appellant Jeanty O. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals of Jeanty O.:
Peter A. Wilner
155-03 Jamaica Avenue
Jamaica, NY 11432
917-733-5932
and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant Jeanty O. at the address provided by this Court, and on or before January 9, 2023, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant Jeanty O. is interested in prosecuting her appeals, or
(2) the appellant Jeanty O. is not interested in prosecuting her appeals, or that he has been unable to contact the appellant Jeanty O. 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'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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeals of Jeanty O. 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 Jeanty O. is interested in proceeding with her 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.