Appellate Division: Second Judicial Department

M223925

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-07987, 2016-10898 In the Matter of Tabitha T. S. M. (Anonymous), appellant. Heartshare Human Services of New York, et al., petitioners-respondents; Tracee L. M. (Anonymous), respondent-respondent; Candace E. (Anonymous), nonparty-respondent. (Docket No. B-8750-13)

DECISION & ORDER ON MOTION

Appeal by Tabitha T. S. M. from an order of the Family Court, Queens County, dated July 27, 2016.

On the Court's own motion, it is

ORDERED that the appellant's notice of appeal from the order dated July 27, 2016, is deemed to be a premature notice of appeal from a dispositional order of the same court dated August 19, 2016 (see CPLR 5520[c]), to the extent that the dispositional order incorporates by reference the order dated August 19, 2016, and the appeal by Tabitha T. S. M. shall be prosecuted under Appellate Division Docket No. 2016-10898, along with the appeal taken by Heartshare Human Services of New York from the dispositional order; 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 Tabitha T. S. M. from the dispositional order in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, the appellant Tabitha T. S. 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 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) an affidavit or an affirmation withdrawing the appeal by Tabitha T. S. M.; and it is further,

ORDERED that if none of the 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 Tabitha T. S. M. should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court