Appellate Division: Second Judicial Department

M181797

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-09360, 2014-09361 In the Matter of Devon D. T. (Anonymous). Children's Aid Society, et al., petitioners- respondents; Davina T. (Anonymous), respondent-appellant. (Docket No. B-1983-12)

DECISION & ORDER ON MOTION

Appeals by Davina T. from two decisions of the Family Court, Richmond County, dated February 13, 2014, and August 21, 2014, respectively.

On the Court's own motion, it is

ORDERED that the notice of appeal from the decision dated August 21, 2014 (Appellate Division Docket No. 2014-09361), is deemed to be a notice of appeal from a dispositional order of the same court dated September 18, 2014 (see CPLR 5512[a]; and it is further,

ORDERED that the appeal from the decision dated February 13, 2014 (Appellate Division Docket No. 2014-09360), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and the issues raised on the appeal from that decision will be brought up for review on the appeal from the dispositional order (see CPLR 5501[a][1]); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the dispositional order in the above-entitled proceeding shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant 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 scheduling order; 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 scheduling order, the respondent-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 from the dispositional order; 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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal from the dispositional order, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the respondent-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal from the dispositional order; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal from the dispositional order to show cause why the appeal from the dispositional order should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court