Matter of E. (Anonymous), Keriann; E. (Anonymous), Jo
Motion No: 2006-08261 +1
Slip Opinion No: 2007 NYSlipOp 66775(U)
Decided on April 3, 2007
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

M52879

M/mv

2006-08261, 2006-08263

In the Matter of Keriann E. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; John E. (Anonymous), Sr.,

appellant; et al., respondent.

(Proceeding No. 1)

In the Matter of Joseph Stephen E. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; John E. (Anonymous), Sr.,

appellant; et al., respondent.

(Proceeding No. 2)

In the Matter of James Robert E. (Anonymous).

Administration for Children's Services, et al.,

petitioners-respondents; John E. (Anonymous), Sr.,

appellant; et al., respondent.

(Proceeding No. 3)

(Docket Nos. B-7447-00, B-7448-00, B-8145-01)

SCHEDULING ORDER

Appeals by John E., Sr., from two orders of the Family Court, Queens County, dated July 18, 2006, and August 1, 2006, respectively. By decision and order on motion of this court dated February 6, 2007, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied with leave to renew on or before March 13, 2007. The motion was not renewed. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 20 days after the date of this scheduling order, the appellant 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 the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is 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 20 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 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.