Matter of S. (Anonymous), Richard; S. (Anonymous), Scarlett
Motion No: 2014-00445
Slip Opinion No: 2014 NY Slip Op 64621(U)
Decided on February 25, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M169894

/ct

2014-00445, 2014-00446

In the Matter of Richard S. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent-appellant; Lacey P.

(Anonymous), et al., respondents-appellants-

respondents.

(Proceeding No. 1)

In the Matter of Scarlett S. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent-appellant; Lacey P.

(Anonymous), et al., respondents-appellants-

respondents.

(Proceeding No. 2)

(Docket Nos. N-14861-12, N-14862-12,

N-14867-12, N-14868-12, N-21449-12,

N-21453-12, N-21455-12, N-21465-12,

N-21469-12, N-21483-12)

SCHEDULING ORDER

Separate appeals by Lacey P., Richard S., and Vicki P., and cross appeals by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated December 12, 2013, and separate appeals by Lacey P., Richard S., and Vicki P. from an order of the same court dated December 20, 2013. By decision and order on certification of this Court dated February 7, 2014, the following attorney was assigned as counsel for the appellant Richard S. on the appeals:

Heather Fig, Esq.

Bayport Professional Centre

982 Montauk Highway, Suite 6

Bayport, N.Y. 11705

631-419-6111

By letter dated February 18, 2014, the assigned counsel has informed this Court that the appellant Richard S. wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Richard S. in the above-entitled proceeding 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 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 appeal; 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 7, 2014, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Richard S.; 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 appeal by Richard S. should or should not be dismissed.

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.