Appellate Division: Second Judicial Department

M145177

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07072, 2012-07555 In the Matter of "Baby Boy" P. (Anonymous), also known as Maxim V. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Irena P. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 1) In the Matter of Daniel V. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Irena P. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 2) (Docket Nos. B-8345-11, B-16864/10)

DECISION & ORDER ON MOTION

Appeals by Irena P. from two orders of the Family Court, Queens County, both dated July 5, 2012, and separate appeals by Vidim V. from the same orders. By order on certification of this Court dated August 7, 2012, the appellant Irena P. was granted leave to prosecute the appeal under Family Court Docket No. B-8345-11 as a poor person on the appeal, and the following named attorney was assigned as counsel to prosecute that appeal:

Etta Ibok, Esq.

26 Court Street - Suite 1503

Brooklyn, N.Y. 11242

718-243-0993

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

ORDERED that the order on certification of this Court dated August 7, 2012, is amended to reflect that the appellant Irena P. is granted leave to prosecute the appeal under Family Court Docket No. B-16864/10 as a poor person, and Etta Ibok is assigned as counsel to prosecute that appeal; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals by Irena P. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by her assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and assigned counsel 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, the assigned counsel for Irena P. 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 of this Court dated August 7, 2012, as well as this decision and order on motion have 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 by Irena P.; 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 by Irena P. should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court