Appellate Division: Second Judicial Department

M116360

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

ROBERT J. MILLER, JJ.

2010-09502, 2010-09503 In the Matter of Andrew W. (Anonymous). Administration for Children's Services, respondent; T.-H. W. (Anonymous), appellant. (Docket No. NN-03228-09)

DECISION & ORDER ON MOTION

Appeals by T.-H. W. from two orders of the Family Court, Richmond County, both dated August 25, 2010. By order on certification of this Court dated October 25, 2010, the following attorney was assigned as counsel for the appellant on the appeals, and was directed, inter alia, to contact the appellant and determine the appellant's interest in perfecting the appeals:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, New York 10301

(718) 448-9600

By letter dated December 8, 2010, assigned counsel notified the Court that she has been unable to contact the appellant. By order to show cause dated December 23, 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 the assigned counsel for the appellant and dismissing the appeals.

Now, on the Court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that the motion to dismiss the appeal 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 appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 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 October 25, 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 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.

ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.