Appellate Division: Second Judicial Department

M152390

T/ct

2013-00316, 2013-00317, 2013-02214, 2013-02215 In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; Brandy T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; Brandy T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jeremy J. M. (Anonymous). Westchester County Department of Social Services, respondent; Arthur M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Virginia S. M. (Anonymous). Westchester County Department of Social Services, respondent; Arthur M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-4832-09, B-4833-09, B-4834-09, B-4835-09)

SCHEDULING ORDER

On the Court's own motion, it is

ORDERED that the scheduling order dated February 8, 2013, in the above-entitled proceedings is recalled and vacated, and the following scheduling order is substituted therefor:

Appeals by Brandy T. two orders of the Family Court, Westchester County, dated November 21, 2012 (Appellate Division Docket Nos. 2013-00316 and 2013-00317), and separate appeals by Arthur M. from two orders of the same court dated November 21, 2012 (Appellate Division Docket Nos. 2013-02214 and 2013-02215). By order on certification of this Court dated January 24, 2013, the following attorney was assigned as counsel for the appellant Brandy T. on the appeals:

Evelyn K. Isaac, Esq.

P.O. Box 176

Hastings-on-Hudson, N.Y. 10706

914-478-2967

By letter dated February 4, 2013, the assigned counsel has informed this Court that the appellant Brandy T. wishes to proceed with the appeals. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals by the appellant Brandy T. 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, 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 the appellant Brandy T. 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 February 4, 2013, 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 appeal to show cause why the appeals by the appellant Brandy T. should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court