Appellate Division: Second Judicial Department

M172393

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2013-10791 In the Matter of Angelica A. (Anonymous) Orange County Department of Social Serv petitioner-respondent; Jasmin H. (Anonym et al., respondents-appellants. (Proceeding No. 1) In the Matter of Kevin P. (Anonymous). Orange County Department of Social Serv petitioner-respondent; Jasmin H. (Anonym et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. N-5897-12, N-5898-12)

DECISION & ORDER ON MOTION . ices, ous), ices, ous),

Separate appeals by Jasmin H. and Kevin P. from an order of the Family Court, Orange County, dated October 21, 2013. By order to show cause dated February 26, 2014, 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 December 20, 2013, to perfect the appeal on behalf of the respondent-appellant Kevin P. on the ground that the attorney had been unable to contact the respondent-appellant Kevin P., and dismissing his appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appeal by the respondent-appellant Kevin P. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by his 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel for the respondent-appellant Kevin P. 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 December 20, 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 his appeal; 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 appeal to show cause why the appeal taken by the respondent-appellant Kevin P. should or should not be dismissed.

DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court