Appellate Division: Second Judicial Department

M196294

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2015-01131 In the Matter of Riley C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Steven C. (Anonymous), respondent-appellant. (Docket No. N-12763-12)

DECISION & ORDER ON MOTION

Appeal by Steven C. from an order of disposition of the Family Court, Suffolk County, dated January 28, 2015. By order to show cause dated June 9, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated April 17, 2015, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the respondent-appellant's assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, 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 certification of this Court dated April 17, 2015, 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 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 to show cause why the appeal should or should not be dismissed.

DILLON, J.P., LEVENTHAL, DICKERSON 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.