Appellate Division: Second Judicial Department

M118861

/ct

2011-02941, 2011-03510 In the Matter of Iouke B. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 1) In the Matter of Jacoqua V. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 2) In the Matter of Mahaadai D. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 3) In the Matter of Naihaem D. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 4) In the Matter of Marhosheda L. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 5) In the Matter of Ahsunaiya A. H. (Anonymous). Administration for Children's Services, petitioner- respondent; Terrence H. (Anonymous), respondent- appellant, et al., respondent; Larry S. Bachner, nonparty-appellant. (Proceeding No. 6) (Docket Nos. N-181/07, N-182/07, N-183/07, N-184/07, N-185/07, N-186/07)

SCHEDULING ORDER

Appeals by Terrence H. from two orders of the Family Court, Queens County, dated March 9, 2011, and September 8, 2010, and an appeal by Larry S. Bachner, attorney for the children, from the order dated March 9, 2011. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is,

ORDERED that the appeals by Terrence H. in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant Terrence H. of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Terrence H. 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 Terrence H. 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 appeals; 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 Terrence H. is indigent and cannot afford to obtain the minutes or perfect his appeals, a motion in this Court for leave to prosecute the appeals 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 Terrence H., stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing his appeals; 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 appeals to show cause why the appeals by Terrence H. should or should not be dismissed.

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.