Appellate Division: Second Judicial Department

M225440

E/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-09137 In the Matter of Sue I. Davis, et al., petitioners- respondents, v Ryan Delena, appellant. (Proceeding No. 1) Sue I. Davis, et al., petitioners-respondents, v Suffolk County Department of Social Services, etc., respondent-respondent. (Proceeding No. 2) Sue I. Davis, et al., petitioners-respondents, v Jennifer Davis, respondent-respondent. (Proceeding No. 3) Debra Delena, et al., appellants, v Suffolk County Department of Social Services, etc., respondent- respondent. (Proceeding No. 4) (Docket Nos. V-14542-15, V-14550-15; V-14540-15 V-9865-15, V-9865-15/15A)

DECISION & ORDER ON MOTION ,

Appeal by Debra Delena and Michael Weisinger, and separate appeal by Ryan Delena, from an order of the Family Court, Suffolk County, dated August 4, 2016. By order to show cause dated October 15, 2012, 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 October 3, 2016, to perfect the appeal on behalf of the appellant Ryan Delena on the ground that the attorney had been unable to contact the appellant Ryan Delena, and dismissing the appeal by Ryan Delena.

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

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

ORDERED that the appeal by Ryan Delena in the above-entitled proceedings shall be perfected either within 60 days after the receipt by his assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and 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, assigned counsel for the appellant Ryan Delena 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 by Ryan Delena; 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 on certification of this Court dated October 3, 2016, has been served upon the clerk of the Family Court, Suffolk County, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Ryan Delena; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, 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.