Opinion
2013-00316 2013-00317 2013-02214 2013-02215 Docket No. B-4832-09 B-4833-09 B-4834-09 B-4835-09 M155503
04-29-2013
In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; v. Brandy T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; v. Brandy T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; v. Arthur M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; v. Arthur M. (Anonymous), appellant. (Proceeding No. 4)
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the order on certification dated April 17, 2013, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:
Appeals by Brandy T. from two orders of the Family Court, Westchester County, dated November 21, 2012 (Appellate Division Docket Nos. 2013-00316 and 2013-00317), and appeals by Arthur M. from two orders of the same court also dated November 21, 2012 (Appellate Division Docket Nos. 2013-02214 and 2013-02215). Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David Walensky, Esq., dated March 13, 2013, it is
ORDERED that the appellant Arthur M. is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals on behalf of Arthur M.:
Helene M. Greenberg, Esq.
45 Knollwood Road, 5th Floor
Elmsford, N.Y. 10523
914-347-1250
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant Arthur M. at the address provided by the Court, and on or before May 13, 2013, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either
(1) Arthur M. is interested in prosecuting the appeals, or
(2) Arthur M. is not interested in prosecuting the appeals, 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. 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 Arthur 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 Arthur M. Counsel for Arthur M. is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, when counsel for Arthur M. serves the appellant's brief upon those parties; and it is further,
ORDERED that the counsel for Arthur M. shall prosecute the appeals 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 Arthur M. is interested in proceeding with the appeals, counsel for Arthur M. is directed to serve a copy of this order 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.