| Matter of G. (Anonymous), Matthew; P. (Anonymous), Alana |
| Motion No: 2013-09936 |
| Slip Opinion No: 2014 NY Slip Op 75512(U) |
| Decided on June 19, 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. |
Appellate Division: Second Judicial Department
M175841
E/mv
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2013-09936 In the Matter of Matthew G. (Anonymous). Administration for Children's Services, petitioner- respondent; Miguel G. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Alana P. (Anonymous). Administration for Children's Services, petitioner- respondent; Miguel G. (Anonymous), respondent- appellant. (Proceeding No. 2) (Docket Nos. N-5853-13, N-5854-13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 22, 2014, which dismissed an appeal from an order of the Family Court, Queens County, dated June 20, 2013, and relieved assigned counsel of the assignment to prosecute the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this Court dated April 22, 2014, is recalled and vacated, and the motion to relieve assigned counsel and dismiss the appeal is denied; and it is further,
ORDERED that on or before July 21, 2014, the appellant 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 appeal; 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 the order on certification of this Court dated December 5, 2013, has been served upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken on or before July 21, 2014, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
BALKIN, J.P., LEVENTHAL, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court