Appellate Division: Second Judicial Department

M220742

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

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 No. B-874-15, B-877-15)

DECISION & ORDER ON MOTION

Separate appeals by Laiwens M. and Jean T. from an order of the Family Court, Westchester County, dated February 22, 2016. By order to show cause dated September 29, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated August 2, 2016, as amended September 15, 2016, to perfect the appeal on behalf of Laiwens M. on the ground that the attorney had been unable to contact Laiwens M., and dismissing the appeal by Laiwens M.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to relieve assigned counsel and to dismiss the appeal by Laiwens M. 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 by Laiwens M. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel for Laiwens M. 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel for Laiwens M. 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 on certification of this Court dated August 2, 2016, and decision and order on motion dated September 15, 2016, have 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 Laiwens M.; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Laiwens M. should or should not be dismissed.

RIVERA, J.P., ROMAN, COHEN and MILLER, 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.