Matter of R. (Anonymous), Jordan T., R. (Anonymous), Mari
Motion No: 2012-07010
Slip Opinion No: 2012 NY Slip Op 81433(U)
Decided on August 14, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M141669

E/ct

2012-07010, 2012-07011, 2012-07012

Administration for Children's Services, respondent;

David R. (Anonymous), et al., appellants.

(Proceeding No. 1)

In the Matter of Mariah T. R. (Anonymous).

Administration for Children's Services, respondent;

David R. (Anonymous), et al., appellants.

(Proceeding No. 2)

In the Matter of Imani C. T. S. (Anonymous).

Administration for Children's Services, respondent;

David R. (Anonymous), et al., appellants.

(Proceeding No. 3)

In the Matter of Angela T. R. (Anonymous).

Administration for Children's Services, respondent;

David R. (Anonymous), et al., appellants.

(Proceeding No. 4)

(Docket Nos. N-10235/10, N-10236/10, N-7373/11,

N-7374/11)

SCHEDULING ORDER In the Matter of Jordan T R. (Anonymous).

Separate appeals by David R. and Antoinette M. A. from two orders of the Family Court, Kings County, both dated June 20, 2012, and an order of the same court dated July 6, 2011. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that each appellant shall perfect his or her appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and shall notify this Court by letter of the date the transcripts are received, or, if 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, each appellant 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 an appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, 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. Each appellant must support his or her motion with an affidavit 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 either appellant fails to take one of the actions described in (1), (2), (3), (4), or (5) above 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 that appellant's appeals should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.