Appellate Division: Second Judicial Department

M73512

M/cb

2008-04986 In the Matter of Albert Francis B. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Melissa N. (Anonymous), et al., appellants. (Docket Nos. N-15761-06, N-15897-06)

ORDER ON CERTIFICATION Assignment of counsel

Separate appeals by Melissa N. and Albert B. from an order of the Family Court, Westchester County, dated April 28, 2008. By order on certification of this court dated July 3, 2008, the following attorney was assigned as counsel for the appellant Melissa N. on the appeal:

George E. Reed, Jr., Esq.

222 Mamaroneck Ave., Suite 303

White Plains, N.Y. 10605

(914) 946-5000

By letter dated July 17, 2008, the assigned counsel has informed this court that the appellant Melissa N. wishes to proceed with the appeal. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Melissa N. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Melissa N. of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for Melissa N. 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 Melissa N. 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 3 , 2008, 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 Melissa N.; 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 Melissa N. should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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