Opinion
Motion No. 2022-05230 Docket Nos. N-32910-2019 N-32909-2019
07-29-2022
In the Matter of Alexiz J. (Anonymous). Administration for Children's Services, petitioner-respondent Alice E. D. (Anonymous), et al., respondents-appellants (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Administration for Children's Services, petitioner-respondent Alice E. D. (Anonymous), et al., respondents-appellants (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Appeal by Alice E. D. and separate appeal by Michael R. from an order of the Family Court, Kings County, dated June 14, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Abdula R. Greene, dated July 15, 2022, it is
ORDERED that the appellant Michael R. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel for Michael R. to prosecute his appeal:
Robert J. Marinelli
305 Broadway, Suite 1001
New York, NY 10007
212-822-1427
and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant Michael R. at the address provided by this Court, and on or before August 19, 2022, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant Michael R. is interested in prosecuting his appeal, or
(2) the appellant Michael R. is not interested in prosecuting his appeal, or that he has been unable to contact the appellant Michael R., 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 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 appeal of Michael R. 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 Michael R. is interested in proceeding with his appeal, 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.