Little Flower Children & Family Servs. v. Marlene M. (In re Yamilette M.G.)

Full title: In the Matter of Yamilette M. G. (Anonymous), also known as Yamilette M…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 5, 2013

2013 N.Y. Slip Op. 66353 (N.Y. App. Div. 2013)

Opinion

2013-01405 Docket No. B-24637/08 M152218

03-05-2013

In the Matter of Yamilette M. G. (Anonymous), also known as Yamilette M. (Anonymous). Little Flower Children and Family Services, et al., respondents; v. Marlene M. (Anonymous), et al., appellants.

RANDALL T. ENG

, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Marlene M. and Edwin G. from an order of the Family Court, Kings County, dated December 13, 2012. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Gerard P. Nolan, Esq., dated February 23, 2013, it is

ORDERED that the appellant Marlene M. is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal on behalf of Marlene M.:

Larry S. Bachner, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, N.Y. 11432

917-378-0176

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Marlene M. at the address provided by the Court, and on or before March 18, 2013, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) Marlene M. is interested in prosecuting the appeal, or

(2) Marlene M. is not interested in prosecuting the appeal, or that he has been unable to contact Marlene M., 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. 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, 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 counsel for Marlene M., 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 counsel for Marlene M. Counsel for Marlene M. is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel for Marlene M. serves the appellant's brief upon those parties; and it is further,

ORDERED that the counsel for Marlene M. shall prosecute the appeal 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 upon a determination that the appellant Marlene M. is interested in proceeding with the appeal, counsel for Marlene M. is directed to serve a copy of this order on certification upon the clerk of the court from which the appeals are taken.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, 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.