Appellate Division: Second Judicial Department

M66880

M/

2008-00753 In the Matter of Kayshawna D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Vincent D. (Anonymous), Jr. Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Keyina D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Dashawn D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Davon D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Ashanti D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 6) In the Matter of Marsel D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 7) In the Matter of Delores D. (Anonymous). Administration for Children's Services, respondent; Jolanda L. (Anonymous), et al., appellants. (Proceeding No. 8) (Docket Nos. N-28220-06, N-28221-06 , N-28222-06, N-28223-06, N-28224-06, N-28225-06, N-28226-06, N-28227-06, )

SCHEDULING ORDER

Separate appeals by Jolanda L. and Vincent D. from an order of the Family Court, Kings County, dated December 10, 2007. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Jolanda L. in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant Jolanda L. of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Jolanda L. 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 appellant Jolanda L. 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 proceedings to be transcribed for her appeal; 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) if the appellant Jolanda L. is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant Jolanda L., stating either that she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal by Jolanda L.; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Jolanda L. 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.