Appellate Division: Second Judicial Department

M226414

E/sl

ROBERT J. MILLER, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-01916 In the Matter of Anthony D. (Anonymous). SCO Family of Services, petitioner-respondent; Yonas S. (Anonymous), respondent-appellant. (Docket No. B-6339-13)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, in effect, to recall and vacate a decision and order on motion of this Court dated July 12, 2016, which dismissed an appeal from an order of the Family Court, Queens County, dated January 4, 2016, and relieved the attorney assigned by order on certification of this Court dated April 1, 2016, to perfect the appeal on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant.

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, the decision and order on motion of this Court dated July 12, 2016, is recalled and vacated, the appeal is reinstated, and the following named attorney is assigned as counsel to prosecute the appeal:

Michael A. Fiechter, Esq.

P.O. Box 1107

Bellmore, NY 11710

718-902-4492

and it is further,

ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appeal 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 appeal; 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 April 1, 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 appeal; 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.

MILLER, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court