Appellate Division: Second Judicial Department

M173755

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-11262 In the Matter of Khalil L. (Anonymous). Westchester County Department of Social Services, petitioner-appellant-respondent; Richard L. (Anonymous), respondent- respondent-appellant. (Proceeding No. 1) In the Matter of Kaiden L. (Anonymous). Westchester County Department of Social Services, petitioner-appellant-respondent; Richard L. (Anonymous), respondent- respondent-appellant. (Proceeding No. 2) (Docket Nos. N-2255/11, N-2257/11)

DECISION & ORDER ON MOTION

2014-04439, 2014-04443

In the Matter of Khalil L. (Anonymous).

Westchester County Department of Social

Services, petitioner-respondent;

Richard L. (Anonymous), respondent-

appellant.

(Proceeding No. 1)

In the Matter of Kaiden L. (Anonymous).

Westchester County Department of Social

Services, petitioner-respondent;

Richard L. (Anonymous), respondent-

appellant.

(Proceeding No. 2)

(Docket Nos. N-2255/11, N-2257/11)

Appeal by Westchester County Department of Social Services from an order of the Family Court, Westchester County, dated November 13, 2013. Cross appeal by Richard L. from the order dated November 13, 2013, and separate appeals from two orders of the same court dated December 4, 2013, and January 24, 2014, respectively.

On the Court's own motion, it is

ORDERED that the appeals and cross appeal are consolidated; and it is further,

ORDERED that the scheduling order dated April 8, 2014, is recalled and vacated, and the attorney for the children and Richard L. shall serve and file their respective briefs in accordance with the rules of the Court and any scheduling orders issued by the Clerk of the Court; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of David J. Peck, Esq., dated February 7, 2014, the following named attorney is assigned as counsel for Richard L. on the appeals and cross appeal:

Stephen Kolnik, Esq.

20 Colin Street

Yonkers, N.Y. 10701

914-659-2173

and it is further,

ORDERED that the appeals and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, and the attorney for the children. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the counsel for Richard L., without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel for Richard L., who is directed to provide copies of said transcripts to all of the other parties to the appeals and cross appeal, including the attorney for the children, when counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel for Richard L. shall serve a copy of this order upon the clerk of the court from which the appeals and cross appeal are taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), counsel for Richard L. shall serve and file a brief 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, in cases where 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, assigned counsel for Richard L. 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 from the orders dated December 4, 2013, and January 24, 2014; 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 this decision and order on motion has been served upon the clerk of the court from which those appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing those appeals and the cross 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 appeals and the cross appeal to show cause why the appeals by Richard L. and the cross appeal 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.