Appellate Division: Second Judicial Department

M219039

E/ct

2016-09222 In the Matter of Christopher B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 1) In the Matter of Ava B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 2) In the Matter of Eric B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 3) (Docket Nos. N-32408-14, N-32409-14, N-32410-14

SCHEDULING ORDER )

Appeal by Administration for Children's Services and separate cross appeals by Lorraine H. and Christopher B. from an order of the Family Court, Kings County, dated July 26, 2016. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Lorraine H. and Christopher B. shall each perfect their respective cross appeal in the above-entitled proceedings within 60 days after receiving the transcripts of the minutes of the proceedings in the Family Court, and shall each 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, Lorraine H. and Christopher B. shall each 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 appeal and cross 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 either Lorraine H. or Christopher B. is indigent and cannot afford to obtain the minutes or perfect her or his cross appeal, a motion in this Court for leave to prosecute that party's cross appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by the movant's affidavit, stating either that she or he qualified for assigned counsel upon application to the Family Court and that her or his financial status has not changed since that time, or that she or he had retained counsel or appeared pro se in the Family Court, and listing her or his assets and income; or

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

ORDERED that if Lorraine H. or Christopher B. does not take any of the actions described in (1), (2), (3), (4), or (5) 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 and the cross appeals to show cause why that party's cross appeal 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.