Appellate Division: Second Judicial Department

M235375

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-02675 In the Matter of Zyirr J. (Anonymous). Administration for Children's Services, petitioner- respondent; Chaniece T. (Anonymous), respondent- appellant, et al., respondent. (Proceeding No. 1) In the Matter of Sanai T. (Anonymous). Administration for Children's Services, petitioner- respondent; Chaniece T. (Anonymous), respondent- appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-14179-14, N-14180-14)

DECISION & ORDER ON MOTION

Appeal by Chaniece T. from an order of the Family Court, Kings County, dated February 14, 2017. By order to show cause dated May 22, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated April 6, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the respondent-appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent-appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the respondent-appellant's motion is denied with leave to renew on or before September 5, 2017, upon proper papers, including the respondent-appellant's affidavit setting forth the respondent-appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses and whether the respondent-appellant was represented by assigned counsel or retained counsel in the Family Court, and, if retained the amount and source of fees paid to retained counsel; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before September 5, 2017, the respondent-appellant 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 proceeding to be transcribed for the appeal; 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 that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the respondent-appellant fails to file the affidavit, affirmation, or motion on or before September 5, 2017, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court