Appellate Division: Second Judicial Department

M83054

M/cb

2008-10974, 2008-10977 In the Matter of Malen V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Briana V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Lucas V. (Anonymous). Suffolk County Department of Social Services, respondent; Nancy J. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. B-2200-07, B-2201-07, B-2202-07, B-2208-07, B-2209-07, B-2210-07)

SCHEDULING ORDER

Appeals by Nancy J. from two orders of the Family Court, Suffolk County, dated August 14, 2008, and November 17, 2008, respectively, and separate appeal by Gabriel V. from the order dated November 17, 2008. By order on certification of this court dated January 27, 2009, the following attorney was assigned as counsel for the appellant Gabriel V. on the appeal from the order dated November 17, 2008:

Susan DeNatale

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

By letter dated February 24, 2009, the assigned counsel for Gabriel V. has informed this court that the appellant Gabriel V. 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 Gabriel V. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Gabriel V. of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for Gabriel V. 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 Gabriel V. 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 Gabriel V.; 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 January 27, 2009, has been served upon the clerk of the court from which the appeal by Gabriel V. 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 Gabriel V.; 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 Gabriel V. 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.