Appellate Division: Second Judicial Department

M192913

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-06256 In the Matter of Joseph P. S. R. (Anonymous), respondent; Jessica G. (Anonymous), appellant. (Docket No. S-2053-14)

DECISION & ORDER ON MOTION

Appeal by Jessica G. from an order of the Family Court, Richmond County, dated May 19, 2014, By order to show cause dated March 10, 2015, 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 for failure to comply with a scheduling order dated January 12, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant, inter alia, to vacate the order dated May 19, 2014, and for an order of protection in favor of the subject child. Separate motion by the appellant, inter alia, to waive the filing fee, for free transcripts, and for the assignment of counsel.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motions and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the appellant's motions are denied; 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 July 1, 2015, 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 the appellant fails to file the affidavit or affirmation on or before July 1, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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