Appellate Division: Second Judicial Department

M35010

M/nal

2005-11211, 2005-11212 In the Matter of Candace S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cedric S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 2) In the Matter of Dylen S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-06917-04, N-06918-04, N-06919-04, N-06920-04, N-06921-04, N-06922-04, In the Matter of Letitia S. (Anonymous), respondent, v Derrick S. (Anonymous), appellant. (Proceedings No. 4 and 5) (Docket Nos.O-06565-04, V-06619-04, V-06620-04, V-06621-04)

SCHEDULING ORDER

Appeals by Derrick S. from two orders of the Family Court, Dutchess County, dated August 16, 2005, and October 7, 2005, respectively. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeals:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.