Suffolk Cnty. Dep't of Soc. Servs. v. Timmie S. (In re Timmia S.)

Full title: In the Matter of Timmia S. (Anonymous). Suffolk County Department of…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 18, 2012

2012 N.Y. Slip Op. 84766 (N.Y. App. Div. 2012)

Opinion

2012-06170 Docket No. B-10176/11 Docket No. B-10177/11 Docket No. B-10184/11 Docket No. B-10185/11 M143449

09-18-2012

In the Matter of Timmia S. (Anonymous). Suffolk County Department of Social Services, respondent; v. Timmie S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Latrell S. (Anonymous). Suffolk County Department of Social Services, respondent; v. Timmie S. (Anonymous), et al., appellants. (Proceeding No. 2)

WILLIAM F. MASTRO

, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

ORDER ON CERTIFICATION

Assignment of Counsel

Separate appeals by Christine K. and Timmie S. from an order of the Family Court, Suffolk County, dated June 14, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan A. DeNatale, Esq., dated June 29, 2012, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal on behalf of Timmie S.:

Susan A. DeNatale, Esq.

1235 Montauk Highway

Mastic, N.Y. 11950

631-772-1246

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 appellants, the respondent, and the attorney for the children, if any. 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 assigned counsel for Timmie S., 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 for Timmie S. Assigned counsel for Timmie S. 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 assigned counsel for Timmie S. 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 appeal by Timmie S. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 appeal; 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 appeal of Timmie S.; 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 appeal of Timmie S. should or should not be dismissed.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.