Appellate Division: Second Judicial Department

M166824

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-06939, 2013-06942 In the Matter of Tamari E. (Anonymous), respondent, v Auther L. (Anonymous), appellant. (Docket Nos. V-12233-07/11B,C, V-12548-07/11B,C, V-19268-11, P-19256-11, V-19268-11, V-29660-11-12)

DECISION & ORDER ON MOTION

Appeals by Auther L. from two orders of the Family Court, Kings County, both dated May 22, 2013. By order to show cause dated October 28, 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 August 15, 2013, to perfect the appeals on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeals.

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

ORDERED that the motion to dismiss the appeals and relieve assigned counsel is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before January 16, 2014, the appellant's assigned counsel 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 on certification of this Court dated August 15, 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 on or before January 16, 2014, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, 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.