Opinion
2021-74214 Motion 2021-07802 2021-07933
11-08-2021
In the Matter of Nelson A. (Anonymous). Suffolk County Department of Social Services, Petitioner-Respondent; Soily A. S. (Anonymous), Respondent-Appellant. (Proceeding No. 1) In the Matter of Brittani A. (Anonymous). Suffolk County Department of Social Services, Petitioner-Respondent; Soily A. S. (Anonymous), Respondent-Appellant. (Proceeding No. 2) In the Matter of Luis A. (Anonymous). Suffolk County Department of Social Services, Petitioner-Respondent; Soily A. S. (Anonymous), Respondent-Appellant. (Proceeding No. 3) In the Matter of Emely A. (Anonymous). Suffolk County Department of Social Services, Petitioner-Respondent; Soily A. S. (Anonymous), Respondent-Appellant. (Proceeding No. 4) Docket Nos. B-18335-2018, B-18336-2018, B-18337-2018, B-18338-2018
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Appeals by Soily A. S. from two orders of the Family Court, Suffolk County, dated October 21, 2021, and October 26, 2021, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jeanne Burton, dated October 24, 2021, by order on certification dated November 3, 2021, the appellant was granted leave to proceed as a poor person on the appeal from the order dated October 21, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:
Heather Fig
Bayport Professional Center
982 Montauk Highway, Ste. 6
Bayport, NY 11705
631-419-6111
Now, on the Court's own motion, it is
ORDERED that the appeals are consolidated; and it is further, ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jeanne Burton, dated October 26, 2021, the appellant is granted leave to proceed as a poor person on the appeal from the order dated October 26, 2021, and counsel assigned to prosecute the appeal from the order dated October 21, 2021, is also assigned to prosecute the appeal from the order dated October 26, 2021; and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before November 29, 2021, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either
(1) the appellant is interested in prosecuting the appeal from the order dated October 26, 2021, or
(2) the appellant is not interested in prosecuting the appeal from the order dated October 26, 2021, or that she 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 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 appellant's 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 § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order, as well as the order on certification dated November 3, 2021, upon the clerk of the court from which the appeals are taken.
LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.