Matter of C. (Anonymous), Amber; Tiffany; Jordan; Ast
Motion No: 2009-07551
Slip Opinion No: 2009 NY Slip Op 92454(U)
Decided on December 24, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96429

M/cb

2009-07551, 2009-09673, 2009-09674,

2009-09676, 2009-09677

In the Matter of Amber C. (Anonymous).

Mercy First, respondent; Angelica C. (Anonymous),

et al., appellants.

(Proceeding No. 1)

In the Matter of Tiffany C. (Anonymous).

Mercy First, respondent; Angelica C. (Anonymous),

et al., appellants.

(Proceeding No. 2)

In the Matter of Jordan C. (Anonymous).

Mercy First, respondent; Angelica C. (Anonymous),

et al., appellants.

(Proceeding No. 3)

In the Matter of Astrid C. (Anonymous).

Mercy First, respondent; Angelica C. (Anonymous),

et al., appellants.

(Proceeding No. 4)

(Docket Nos. B-13345-07, B-13346-07,

B-13347-07, B-13348-07)

SCHEDULING ORDER

Separate appeals by Angelica C. and John R. from an order of the Family Court, Kings County, dated August 10, 2009, and four orders of the same court dated October 6, 2009. By decision and order on certification of this court dated November 12, 2009, the following attorney was assigned as counsel for the appellant John R. on the appeals:

Elliot Green, Esq.

188 Montague Street, 10th Floor

Brooklyn, N.Y. 11201

718-260-8668

By letter dated December 16, 2009, the assigned counsel for the appellant John R. has informed this court that the appellant John R. wishes to proceed with the appeals. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for John R. of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for John R. 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 John R. 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 November 12, 2009, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals by John R.; 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 appeals by John R. 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.