Appellate Division: Second Judicial Department

M128238

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-06444 In the Matter of Shade B. (Anonymous). Administration for Children's Services, respondent; Denzil B. (Anonymous), et al., appellants. (Docket No. N-3745/10)

DECISION & ORDER ON MOTION

Separate appeals by Denzil B. and Sheryl B. from an order of the Family Court, Kings County, dated April 26, 2011. By order to show cause dated September 16, 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 dismissing the appeal by Sheryl B. in the above-entitled proceeding for failure to comply with a scheduling order dated July 21, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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 decision and order on motion, the appellant Sheryl B. 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 appellants are indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute his or her appeal 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, 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 or her appeal; 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 decision and order on motion, the appeal by Sheryl B. shall be dismissed.

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court