Appellate Division: Second Judicial Department

M90075

M/mv

2009-06422 In the Matter of Yamilette G. (Anonymous). New York City Children's Services, petitioner- respondent; Marlene M. (Anonymous), et al., appellants. (Docket No. N-18029-07)

SCHEDULING ORDER

Separate appeals by Marlene M. and Edwin G. from an order of the Family Court, Kings County, dated June 15, 2009. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Edwin G. in the above-entitled proceeding shall be perfected within 60 days after the receipt by that appellant of the transcripts of the minutes of the proceedings in the Family Court, and that appellant 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 Edwin G. 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 the 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 Edwin G. 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 Edwin G., stating either that he qualified for assigned counsel upon application to the Family Court and that his financial status has not changed since that time, or that he had retained counsel or appeared pro se in the Family Court, and listing his assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal by Edwin G.; 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 Edwin G. should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court