Appellate Division: Second Judicial Department

M162792

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08606, 2013-08607 In the Matter of Mercedes R. B. (Anonymous). Suffolk County Department of Social Services, respondent; Heather C. (Anonymous), et al., appellants. (Docket Nos. B-799-13, B-807-13)

DECISION & ORDER ON MOTION

Separate appeals by Heather C. and Warren B. from an order and a decision of the Family Court, Suffolk County, both dated August 15, 2013.

On the Court's own motion, it is

ORDERED that the appeals from the decision (Appellate Division Docket No. 2013-08607) are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant Heather C. shall perfect her appeal from the order 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, the appellant Heather C. 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 from the order; 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 she is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute her appeal from the order as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by her affidavit, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

(5) an affidavit or an affirmation withdrawing her appeal from the order; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 appeal by the appellant Heather C. from the order should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.