Appellate Division: Second Judicial Department

M200799

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-09357 In the Matter of Kaliia F. (Anonymous). Administration for Children's Services, petitioner-appellant; Jason F. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of Kha Lii F. (Anonymous). Administration for Children's Services, petitioner-appellant; Jason F. (Anonymous), respondent-respondent. (Proceeding No. 2) (Docket Nos. N-33435-13, N-33434-13)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to vacate an order of the Family Court, Kings County, dated October 2, 2015, and to reinstate a certain order of protection.

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

ORDERED that the motion 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 proceedings shall be perfected within 60 days after the receipt by the petitioner-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the petitioner-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]), on or before November 30, 2015, the petitioner-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 none of the actions described in (1), (2), (3), or (4), above has been taken on or before November 30, 2015, 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.

LEVENTHAL, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.