Matter of A. (Anonymous), Joshua; A. (Anonymous), Andre
Motion No: 2006-04022
Slip Opinion No: 2006 NYSlipOp 73344(U)
Decided on August 7, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42951

M/cf

2006-04022

In the Matter of Joshua Noel A. (Anonymous).

St. Dominic's Home, et al., respondents;

Osuardo H. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Andre Hasson A. (Anonymous).

St. Dominic's Home, et al., respondents;

Osuardo H. (Anonymous), appellant.

(Proceeding No. 2)

(Docket No. B-4513-01)

SCHEDULING ORDER

Appeal by Osuardo H. from an order of the Family Court, Kings County, dated March 27, 2006. By decision and order of this court dated July 18, 2006, the following attorney was assigned as counsel on the appeal:

Zvi Ostrin, Esq.

130 7th Avenue - Suite 206

New York, New York 10011

(917) 579-1371

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

ORDERED that the appeal in the above-entitled proceeding 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 appeal; 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 July 18 , 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; 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 appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.