Appellate Division: Second Judicial Department

M227203

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY, JJ.

2016-11162 In the Matter of Anya (Anonymous). Darryl W. (Anonymous), et al., appellants; Chalika W.-R. (Anonymous), et al., respondents. (Docket No. A-6034-16)

DECISION & ORDER ON MOTION

Separate appeals by Darryl W. and Melissa J. from an order of the Family Court, Suffolk County, dated September 16, 2016. By order to show cause dated January 17, 2017, 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 November 25, 2016, to perfect the appeal on behalf of the appellant Darryl W. on the ground that the attorney had been unable to contact the appellant Darryl W., and dismissing the appeal by Darryl W.

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 appellant Darryl W. shall be perfect his appeal in the above-entitled proceeding either within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for the appellant Darryl W. 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, the assigned counsel for the appellant Darryl W. 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 November 25, 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 by the appellant Darryl W.; 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., BALKIN, AUSTIN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court