Opinion
2013-04519 2013-04523 Docket No. V-16596-11 N-15892/11 M156678
05-22-2013
In the Matter of Lucinda A. (Anonymous). Administration for Children's Services, petitioner; v. Luba A. (Anonymous), appellant; Manuel A. (Anonymous), nonparty-respondent. (Proceeding No. 1) In the Matter of Manuel A. (Anonymous), petitioner- respondent, v. Administration for Children's Services, respondent, Luba A. (Anonymous), appellant. (Proceeding No. 2)
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
ORDER ON CERTIFICATION Assignment of Counsel
Appeals by Luba A. from two orders of the Family Court, Queens County, both dated March 13, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan Jacobs, Esq., dated May 20, 2013, it is
ORDERED that the appellant 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:
Richard L. Herzfeld, Esq.
104 W. 40th Street, 20th Floor
New York, N.Y. 10018
212-818-9019
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before June 5, 2013, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant is interested in prosecuting the appeals, or
(2) the appellant is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, 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 appellant, 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 appellant's 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 the appellant's brief upon those parties; and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,
ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order on certification upon the clerk of the court from which the appeals are taken.
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.