Appellate Division: Second Judicial Department

M79673

M/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-08344, 2008-08345 In the Matter of Aaron Mc. (Anonymous), appellant. (Docket No. D-23279-07)

SCHEDULING ORDER

Appeals by Aaron Mc. from two orders of the Family Court, Queens County, dated March 26, 2008, and August 13, 2008, respectively. By decision and order on motion of this court dated December 5, 2008, the following attorney was assigned as attorney for the child on the appeal:

Rayaaz N. Khan, Esq.

89-31 161st Street - Suite 807

Jamaica, New York 11432

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

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the child of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the child 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 attorney for the child 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 December 5, 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; 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 should or should not be dismissed.

MASTRO, J.P., MILLER, CARNI and McCARTHY, JJ., concur.

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.