Appellate Division: Second Judicial Department

M179058

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-05562 In the Matter of Miguel A. G. G. (Anonymous). Milton N. G. G. (Anonymous), appellant. (Docket No. G-4165-14/14A)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Suffolk County, dated April 16, 2014. By order to show cause dated June 19, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the attorney for the petitioner, who filed a notice of appeal on behalf of the child Miguel A.G.G., was not authorized to take an appeal on behalf the child Miguel A.G.G.

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

ORDERED that on the Court's own motion, the notice of appeal is deemed to be filed on behalf of the petitioner, Milton N. G. G. (see CPLR 2001); and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before September 29, 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 proceeding 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 it has been ordered and paid for, 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 September 29, 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.

DILLON, J.P., DICKERSON, COHEN and DUFFY, 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.