Opinion
Motion No. 2024-05000 Docket Nos. NN-225-2023 NN-138-2023
07-01-2024
In the Matter of Misha W. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Melissa R. (Anonymous), et al., respondents-appellants. (Proceeding No. 1). In the Matter of Trinity M. W. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Melissa R. (Anonymous), et al., respondents-appellants. (Proceeding No. 2).
Unpublished Opinion
MOTION DECISION
M297425
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Appeals by Melissa R. and Ethan W. from an order of the Family Court, Westchester County, dated May 22, 2024. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Eugene McGloin, dated June 14, 2024, it is
ORDERED that the appellant Ethan W. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeal of Ethan W.:
Gloria Marchetti-Bruck
455 Hamilton Avenue, Suite 1102
White Plains, NY 10601
914-358-0032
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant Ethan W. at the address provided by this Court, and on or before July 22, 2024, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either
(1) the appellant Ethan W. is interested in prosecuting his appeal, or
(2) the appellant Ethan W. is not interested in prosecuting his appeal, or that she has been unable to contact the appellant Ethan W., and wishes to be relieved of the assignment;
and it is further,
ORDERED that the appeal of Ethan W. 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 Ethan W.'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 Ethan W.'s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal of Ethan W. 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 Ethan W. 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.