Matter of M. (Anonymous), Joshua A.; Jewish Child Care Association |
Motion No: 2024-12324 |
Slip Opinion No: 2025 NY Slip Op 61145(U) |
Decided on January 22, 2025 |
Appellate Division, Second Department, Motion Decision |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M302301
KL/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
2024-12324, 2024-12325 In the Matter of Joshua A. M. (Anonymous). Jewish Child Care Association, petitioner-respondent Stephen M. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Julia A. M. (Anonymous). Jewish Child Care Association, petitioner-respondent Stephen M. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. B-12454/2022, B-12458-2022)
| ORDER ON CERTIFICATION Assignment of Counsel ; ; |
Appeals by Stephen M. from two orders of the Family Court, Queens County, both dated October 1, 2024. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lance Dandridge, dated January 11, 2025, it is
ORDERED that the appellant 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:
Peter A. Wilner
105 West 86th Street, Suite 129
New York, NY 10024
917-733-5932
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 February 13, 2025, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant is interested in prosecuting the appeals, or
(2) the appellant is not interested in prosecuting the appeals, or that he 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 child, 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 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 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 upon the clerk of the court from which the appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
The Case Manager assigned to this case is Ms. Landaverde. Please contact her at klandave@nycourts.gov or 718-722-6487 with any questions.