Appellate Division: Second Judicial Department

M205025

E/ct

2016-00339 In the Matter of Mackenzie P. G. (Anonymous). Administration for Children's Services, petitioner- respondent; Tiffany P. (Anonymous), et al., respondents-appellants. (Docket No. N-151-13)

SCHEDULING ORDER

Separate appeals by Tiffany P. and Rahshead W. from an order of the Family Court, Richmond County, dated December 10, 2015. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the respondents-appellants shall perfect their respective appeals in the above-entitled proceeding within 60 days after receiving the transcripts of the minutes of the proceedings in the Family Court, and each respondent-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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, each respondent-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 appeals; 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) if indigent and unable to afford to obtain the minutes or perfect his or her appeal, a motion in this Court for leave to prosecute his or her appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. The respondent-appellant shall support his or her motion with his or her affidavit, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing his or her appeal; and it is further,

ORDERED that if a respondent-appellant does not take any of the actions described in (1), (2), (3), (4), or (5) above within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by that respondent-appellant should or should not be dismissed.

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.