Appellate Division: Second Judicial Department

M185794

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-09539 In the Matter of Daniel J. (Anonymous), appellant. (Docket No. E-5099-12)

DECISION & ORDER ON MOTION

Appeal by Daniel J. from an order of the Family Court, Richmond County dated September 29, 2014. By order to show cause dated November 17, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered and dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the consent of the appealing party.

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

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

ORDERED that 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]), within 30 days after the date of this decision and order on motion, 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 if none of the 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 appeal to show cause why the appeal should or should not be dismissed.

RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose/Ms. Vazquez. Please contact him/her at 718-722-6487/8 with any questions.