Appellate Division: Second Judicial Department

M222648

E/ct

2016-11844 In the Matter of Unity T. (Anonymous). Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 1) In the Matter of Joleda T. (Anonymous). Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 2) In the Matter of Dyani T. (Anonymous). Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 3) In the Matter of Dennis T. (Anonymous), Jr. Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 4) In the Matter of Andrew T. (Anonymous). Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 5) In the Matter of Steven L. (Anonymous), Jr. Ulster County Department of Social Services, petitioner-respondent; Dennis T. (Anonymous), et al., respondents-appellants, et al., respondents. (Proceeding No. 6) (Docket Nos. N-2095-16, N-2096-16, N-2097-16, N-2098-16, N-2099-16, N-2100-16, N-2101-16, N-2102-16, N-2103-16, N-2104-16)

SCHEDULING ORDER

Separate appeals by Dennis T. and Tanya K. from an order of the Family Court, Orange County, dated October 11, 2016. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the respondent-appellant Tanya K. shall perfect her appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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 respondent-appellant Tanya K. 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 she is indigent and cannot afford to obtain the minutes or perfect her appeal, a motion in this Court for leave to prosecute her 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 an affidavit from the respondent-appellant Tanya K., stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

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

ORDERED that if none 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 appeals to show cause why the appeal by Tanya K. should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.