Appellate Division: Second Judicial Department

M187663

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-06948 In the Matter of Camellia R. W. (Anonymous). Administration for Children's Services, petitioner- respondent; Ann M. (Anonymous), respondent-appel (Docket No. N-22909-10)

DECISION & ORDER ON MOTION lant.

Motion by the respondent-appellant to recall and vacate a decision and order of this Court dated December 4, 2014, which dismissed an appeal from an order of the Family Court, Queens County, dated June 10, 2014, and relieved her assigned counsel of the assignment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal is reinstated; and it is further,

it is

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 scheduling order; 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 April 20, 2015, the assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated September 3, 2014, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken on or before April 20, 2015, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal should or should not be dismissed.

LEVENTHAL, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court