Appellate Division: Second Judicial Department

M131175

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-05880, 2011-05885 In the Matter of Keijonte W. (Anonymous). Administration for Children's Services, petitioner-respondent; Tamarra W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Keiajae W. (Anonymous). Administration for Children's Services, petitioner-respondent; Tamarra W. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Keijon W. (Anonymous). Administration for Children's Services, petitioner-respondent; Tamarra W. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Nkiyah U. (Anonymous). Administration for Children's Services, petitioner-respondent; Tamarra W. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) In the Matter of Jahmyra U. (Anonymous). Administration for Children's Services, petitioner-respondent; Tamarra W. (Anonymous), appellant, et al., respondent. (Proceeding No. 5) (Docket Nos. N-10125/07, N-10126/07, N-10127/07, N-10128/07, N-10129/07)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated November 14, 2011, which, inter alia, dismissed appeals from two orders of the Family Court, Kings County, both dated June 7, 2011, on the ground that the appellant's assigned counsel had been unable to contact the appellant, to reinstate the appeals, to enlarge the time to perfect the appeals, to reinstate her assigned counsel, and to reinstate her status as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this Court dated November 14, 2011, is recalled and vacated, the appeals are reinstated, and the appellant's time to perfect the appeals is enlarged; and it is further,

ORDERED that the appellant's poor person status is reinstated and the following named attorney is reinstated as assigned counsel to prosecute the appeals:

Karen Morth, Esq.

110 Wall Street, 11th Floor

New York, N.Y. 10005

(212) 709-8073

and it is further,

ORDERED that assigned counsel is directed to serve a copy of the order on certification of this Court dated July 12, 2011, upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the appeals in the above-entitled proceeding 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 appeals; 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 of this Court dated July 12, 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 appeals; 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 appeals should or should not be dismissed.

DILLON, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court