Appellate Division: Second Judicial Department

M165031

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-09941, 2013-09944, 2013-09946 In the Matter of Joshua E. R. (Anonymous). Cardinal McCloskey Community Services, et al., petitioners-respondents; Yolaine R. (Anonymous), et al., respondents- appellants. (Proceeding No. 1) In the Matter of Jeranamor A. R. (Anonymous), Jr. Cardinal McCloskey Community Services, et al., petitioners-respondents; Yolaine R. (Anonymous), et al., respondents- appellants. (Proceeding No. 2) In the Matter of Elijah J. R. (Anonymous). Cardinal McCloskey Community Services, et al., petitioners-respondents; Yolaine R. (Anonymous), et al., respondents- appellants. (Proceeding No. 3) (Docket Nos. B-26292/11, B-16881-10, B-16882-10)

DECISION & ORDER ON MOTION

Separate appeals by Yolaine R. and Jeranamor R. from two orders of the Family Court, Queens County, both dated September 6, 2013, and an order of the same court dated September 20, 2013.

On the Court's own motion, it is

ORDERED that the appeals are consolidated and the partes must file 11 copies of their respective briefs; 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 Yolanie R. in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant Yolanie R. of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Yolanie R. 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 decision and order on motion; 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 appellant Yolanie R. 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 the appellant Yolanie R. is indigent and cannot afford to obtain the minutes or perfect her appeals, a motion in this Court for leave to prosecute her appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant Yolanie R. 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 appeals; 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 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 Yolanie R. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.