Appellate Division: Second Judicial Department

M44537

M/mv

2006-03468, 2006-03470, 2006-03472 In the Matter of Leah Tanisha A.- N. (Anonymous), a/k/a Leah A. (Anonymous). New York Foundling Hospital, petitioner-respondent; Omar Xavier A. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Ayal Omar A.-N. (Anonymous), a/k/a Ayal A. (Anonymous). New York Foundling Hospital, petitioner-respondent; Omar Xavier A. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Iesha Dana A.- N. (Anonymous), a/k/a Iesha A. (Anonymous). New York Foundling Hospital, petitioner-respondent; Omar Xavier A. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. B-0089-02, B-0090-02, B-0091-02)

Separate appeals by Omar Xavier A. and Jasmin N. from three orders of the Family Court, Richmond County, all dated March 6, 2006. By decision and order of this court dated August 23, 2006, the following attorney was assigned as counsel on the appeals by Omar Xavier A.:

Carol Kahn, Esq.

225 Broadway

Suite 1510

New York, New York

(212) 227-0206

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

ORDERED that the appeals by Omar Xavier A. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Omar Xavier A. 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 by Omar Xavier A. ; 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 August 23, 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 by Omar Xavier A. ; 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.

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