Appellate Division: Second Judicial Department

M155364

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-00736, 2013-00737 In the Matter of Jaylin C. (Anonymous). Administration for Children's Services, respondent; Hassan M. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Jaya P. (Anonymous). Administration for Children's Services, respondent; Hassan M. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Janelle P. (Anonymous). Administration for Children's Services, respondent; Hassan M. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-18057-10, N-18058-10, N-18059-10)

DECISION & ORDER ON MOTION

Appeals by Hassan M. and Aisha M. from two orders of the Family Court, Kings County, dated August 10, 2012, and December 19, 2012, respectively. By order to show cause dated March 19, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated February 28, 2013, to perfect the appeals on behalf of the appellant Aisha M. on the ground that the attorney had been unable to contact the appellant Aisha M., and dismissing the appeals by Aisha M.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals by Aisha M. 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 assigned counsel for Aisha M. 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 28, 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 by Aisha M.; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals by Aisha M. should or should not be dismissed.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court