Appellate Division: Second Judicial Department

M63953

M/

2007-09884 SCHEDULING ORDER In the Matter of Angel P. (Anonymous). Administration for Children's Services, petitioner-respondent, Angel P. (Anonymous), Sr., appellant-respondent, et al., respondent; Catherine S. nonparty respondent-appellant. (Docket No. K-01949-05, L-12464-02)

Appeal by Angel P. Sr., and cross appeal by Catherine S. from an order of the Family Court, Kings County, dated September 24, 2007. By decision and order on certification of this court dated November 28, 2007, the following attorney was assigned as counsel on the appeal by Angel P., Sr. :

Etta Ibok, Esq.

26 Court Street, Suite 2100

Brooklyn, N.Y. 11242

718-243-0993

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

ORDERED that the appeal by Angel P., Sr., in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Angel P., Sr., of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for Angel P., Sr., 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 for Angel P. Sr., 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 by Angel P., Sr.; 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 November 28, 2007, 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 by Angel P., Sr.; 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 by Angel P. Sr., 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.