Appellate Division: Second Judicial Department

M225844

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-09246, 2016-09249 In the Matter of Maurice M. (Anonymous). Administration for Children's Services, petitioner- respondent; Suzanne H. (Anonymous), respondent- appellant. (Docket No. N-17810-07)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant pro se to recall and vacate a decision and order on motion of this Court dated January 3, 2017, which, inter alia, dismissed appeals from two orders of the Family Court, Kings County, dated July 26, 2012, and May 21, 2015, respectively.

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 the decision and order on motion of this Court dated January 3, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by Suzanne H. from two orders of the Family Court, Kings County, dated July 26, 2012, and May 21, 2015, respectively. By order to show cause dated November 28, 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 October 13, 2016, to perfect the appeals on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeals.

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

ORDERED that the motion, inter alia, to dismiss the appeals is denied; and it is further,

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel 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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, 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 on certification of this Court dated October 13, 2016, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court