Opinion
2013-04176 2013-04410 Docket No. N-4385-10 Docket No. V-1228/09 M157639
06-07-2013
In the Matter of Cornelius G. (Anonymous), Jr. Administration for Children's Services, petitioner- respondent; v. Monica G. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Cornelius G. (Anonymous), respondent, v. Monica G. (Anonymous), appellant, et al., respondent. (Proceeding No. 2)
, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by counsel assigned to represent the appellant by the Family Court, Richmond County, to be relieved as counsel on appeals from two orders of the Family Court, Richmond County, both dated March 13, 2013, to allow the appellant to prosecute the appeal as a poor person, and for the assignment of new counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto; it is
ORDERED that the motion is granted, and Mitchell P. Newman, Esq., 94 Hancock Street, Suite 2A, Staten Island, N.Y. 10305, is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel to prosecute the appeals:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, N.Y. 10128
917-660-8758
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, 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.
DILLON, J.P., CHAMBERS, ROMAN and COHEN, 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.