Appellate Division: Second Judicial Department

M227066

E/sl

JEFFREY A. COHEN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-00883, 2017-00953 In the Matter of Erica Muniz, petitioner-respondent, v Hector Santiago, respondent-respondent; Emarie S. (Anonymous), nonparty-appellant. (Docket No. V-8918-13)

DECISION & ORDER ON MOTION

Motion by the attorney for the child to direct the petitioner-respondent to produce the subject child for an interview with him on appeals from two orders of the Family Court, Westchester County, both dated January 6, 2017, and to make the caption anonymous.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the petitioner-respondent to produce the subject child for an interview is granted, and on or before March 23, 2017, the petitioner-respondent shall produce the subject child for an interview with the attorney for the child; and it is further,

ORDERED that the branch of the motion which is to make the caption anonymous is denied as unnecessary with respect to the subject child and is otherwise denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the attorney for the child of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the child 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 decision and order on motion, the attorney for the child 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 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 appeals; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

COHEN, J.P., MALTESE, LASALLE and BARROS, 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.