Appellate Division: Second Judicial Department

M180601

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-05839 In the Matter of Westchester County Department of Social Services, on behalf of Pauline M. B. (Anonymous), petitioner-respondent, v Arnoldo B. (Anonymous), respondent-respondent; Alexcuis M. B. (Anonymous), nonparty-appellant. (Docket No. F-3470-13)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to make the caption anonymous on an appeal from an order of the Family Court, Westchester County, dated May 14, 2014, to change the spelling of his first name in the caption, in effect, to enlarge the record to include the original papers concerning the proceeding under Family Court, Westchester County, Docket No. P-3474-13, in effect, to extend the time comply with a scheduling order of this Court dated June 27, 2014, and for oral argument of 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 branch of the motion which is to make the caption anonymous is granted; and it is further,

ORDERED that the branch of the motion which is to change the spelling of the nonparty-appellant's first name in the caption is denied without prejudice to seeking relief in the Family Court, Westchester County; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the record to include the original papers concerning the proceeding under Family Court, Westchester County, Docket No. P-3474-13 is denied with leave to renew upon proper papers explaining why that material is needed; and it is further,

ORDERED that the branch of the motion which is, in effect, to extend the time comply with the scheduling order of this Court dated June 27, 2014, is granted and on or before October 31, 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 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 the branch of the motion which is for oral argument of the appeal is denied without prejudice to seeking this relief after the appeal is perfected (see 22 NYCRR 670.20).

SKELOS, J.P., DICKERSON, MALTESE and LASALLE, 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.