Appellate Division: Second Judicial Department

M224505

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-10709 In the Matter of George Leon, respondent, v Melissa Quinones, appellant; Nathanal V. (Anonymous), et al., nonparty-appellants. (Docket Nos. V-12721-13, V-12722-13, V-28525-12, V-28526-12)

DECISION & ORDER ON MOTION

Motion by the attorney for the children to direct the respondent to make the subject children available for an interview on appeals from an order of the Family Court, Kings County, dated September 29, 2016, and to extend the time of the attorney for the children to respond to a scheduling order of this Court dated November 10, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before January 28, 2017, the respondent shall make the subject children available for an interview at the office of the attorney for the children, at a time agreed upon by the respondent's counsel and the attorney for the children; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the time of the attorney for the children to respond to the scheduling order dated November 10, 2016, is extended, and within 30 days after the date of this scheduling order, the 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 of this Court dated November 10, 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 the nonparty-appellants ; 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 the nonparty-appellants should or should not be dismissed.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

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.