Appellate Division: Second Judicial Department

M123882

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-04057, 2011-06762, 2011-06763 In the Matter of Gloria M. (Anonymous). Rockland County Department of Social Services, respondent; Kiladi M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Christy M. (Anonymous). Rockland County Department of Social Services, respondent; Kiladi M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Rosa M. (Anonymous). Rockland County Department of Social Services, respondent; Kiladi M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Jong M. (Anonymous). Rockland County Department of Social Services, respondent; Kiladi M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-1453/10, N-1582/10, N-1583/10, N-1015-11)

DECISION & ORDER ON MOTION

Appeals by Kiladi M. from three orders of the Family Court, Rockland County, dated March 7, 2011, June 23, 2011, and July 13, 2011, respectively.

Now, on the Court's own motion, it is

ORDERED that the appeals are consolidated; and it is further

ORDERED that the attorney who was assigned to represent the appellant on the appeal from the order dated March 7, 2011 (Appellate Division Docket No. 2011-04057), by order on certification dated July 25, 2011, Salvatore C. Adamo, Esq., 350 Fifth Avenue - 59th Floor, New York, N.Y. 10118, 212-964-7983, is also assigned to represent the appellant on the appeals from the orders dated June 23, 2011, and July 13, 2011 (Appellate Division Docket Nos. 2011-06763 and 2011-06762); and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file 11 copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the appeals in the above-entitled proceedings 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 this decision and order on motion, 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.

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.