Appellate Division: Second Judicial Department

M121376

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2011-01695 In the Matter of Ma'Kyle L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 1) In the Matter of Melissa L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 2) In the Matter of Myia L. (Anonymous). Nassau County Department of Social Services, respondent; Myriam B. (Anonymous), appellant; Egbert L. (Anonymous), intervenor-respondent. (Proceeding No. 3) (Docket Nos. N-621/09, N-622/09, N-623/09)

DECISION & ORDER ON MOTION

Appeal by Myriam B. from an order of the Family Court, Nassau County, dated December 22, 2010. By order to show cause dated April 27, 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 by order on certification of this Court dated April 4, 2011, to perfect the appeal on the ground that the attorney had been unable to contact the appellant, and dismissing the 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 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 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 on certification dated April 4, 2011, 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., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court