Appellate Division: Second Judicial Department

M119710

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-07308 In the Matter of Amaru Saliim M. (Anonymous). Administration for Children's Services, petitioner-respondent; Raheem D. D. (Anonymous), et al., appellants; Doreen D. (Anonymous), et al., nonparty-respondents. (Docket Nos. NN-27783-06, NN-35546-06)

DECISION & ORDER ON MOTION

Appeals by Raheem D. D. and Kizwana M. from an order of the Family Court, Kings County, dated July 20, 2010. By order to show cause dated March 21, 2011, 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 attorney assigned to prosecute the appeal on behalf of the appellant Kizwana M. by an order of this Court dated February 25, 2011, and dismissing her appeal.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal by the appellant Kizwana M. is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this order, the assigned counsel for the appellant Kizwana M. 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 by the appellant Kizwana M.; 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 February 25, 2011, 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 appeal by the appellant Kizwana M.; 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 appeals to show cause why the appeal by the appellant Kizwana M. should or should not be dismissed.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court