Matter of T. (Anonymous), Dieurison; Westchester County D
Motion No: 2016-07511
Slip Opinion No: 2016 NY Slip Op 85764(U)
Decided on September 15, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218136

/ct

2016-07511

In the Matter of Dieurison T. (Anonymous).

Westchester County Department of Social Services,

petitioner-respondent; Laiwens M. (Anonymous),

et al., respondents-appellants.

(Docket Nos. B-874-15, B-877-15)

SCHEDULING ORDER

Separate appeals by Laiwens M. and Jean T. from an order of the Family Court, Westchester County, dated February 22, 2016. By order on certification of this Court dated August 26, 2016, the following attorney was assigned as counsel for the appellant Jean T. on the appeal:

Deborah Clegg, Esq.

455 Main Street - Suite 106

New Rochelle, N.Y. 10801

914-637-1922

By letter dated September 8, 2016, the assigned counsel has informed this Court that the appellant Jean T. wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Jean T. 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 within 30 days after the date of this scheduling order, 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 the order of this Court dated August 26, 2016, 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 by Jean T.; 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 Jean T. 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.