Appellate Division: Second Judicial Department

M110560

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-05110 In the Matter of Beyonce H. (Anonymous). Administration for Children's Services, respondent; Baranaca H. (Anonymous), appellant. (Docket No. B-00621-08)

DECISION & ORDER ON MOTION

Appeal by Baranaca H. from an order of the Family Court, Kings County, dated April 27, 2010. By order to show cause dated September 9, 2010, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered relieving counsel assigned by order on certification of this court dated July 20, 2010, to perfect the appeal on behalf of the appellant on the ground that the attorney has been unable to contact the appellant, and dismissing the appeal.

Now, on the court's own motion, and the papers filed in response to the order to show cause, including information by the assigned counsel that the appellant has contacted him, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the 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 order; and it is further,

ORDERED that within 30 days after the date of this order, the appellant 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 Supreme Court proceeding 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 the order of this court dated July 20, 2010, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is 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 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.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court