Matter of S. (Anonymous), Piper; Westchester County Depar
Motion No: 2016-03108
Slip Opinion No: 2016 NY Slip Op 87338(U)
Decided on October 3, 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

M218984

/ct

2016-03108

In the Matter of Piper S. (Anonymous).

Westchester County Department of Social Services,

petitioner-respondent; Victoria S. (Anonymous),

et al., respondents-appellants.

(Docket Nos. N-16227-15, N-16229-15)

SCHEDULING ORDER

Appeals by Victoria S. and Santiago S. from an order of the Family Court, Westchester County, dated April 1, 2016. By order on certification of this Court dated August 29, 2016, the following attorney was assigned as counsel for the respondent-appellant Santiago S. on his appeal:

Stephen Kolnik, Esq.

20 Colin Street

Yonkers, NY 10701

914-659-2173

By letter dated September 19, 2016, the the assigned counsel has informed this Court that the respondent-appellant Santiago S. wishes to proceed with his appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Santiago S. shall perfect his appeal in the above-entitled proceedings either within 60 days after the receipt by 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, 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 appeals; 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 order on certification dated August 29, 2016, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Santiago S.; 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 appeals to show cause why the appeal by Santiago S. 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.