Opinion
Motion Nos. 2023-03500 2023-03507 2023-03508 Docket Nos. N-9806-2020 N-22089-2019
05-24-2023
In the Matter of Naquan C. (Anonymous). Administration for Children's Services, petitioner-respondent; Daquan C. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Angelica L. (Anonymous). Administration for Children's Services, petitioner-respondent; Daquan C. (Anonymous), respondent-appellant. (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
M289192
BETSY BARROS, J.P. LINDA CHRISTOPHER BARRY E. WARHIT LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 17, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals from three orders of the Family Court, Kings County, two dated September 13, 2022, and one dated March 30, 2023, respectively. Motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, for leave to prosecute the appeals as a poor person and for the assignment of counsel. Certification of Ambika Panday of Brooklyn Defender Services dated April 5, 2023, pursuant to Family Court Act §§ 1118 and 1120.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the certification dated April 5, 2023, it is
ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further, ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied as unnecessary (see 22 NYCRR 670.3[b]); and it is further, ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person and for the assignment of counsel is granted; 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; 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Brooklyn Defender Services
177 Livingston Street, 7th Fl.
Brooklyn, New York 11201
347-592-2500
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 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); 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.
BARROS, J.P., CHRISTOPHER, WARHIT and WAN, JJ., concur.