| Matter of R. (Anonymous), Hannah T.; R. (Anonymous), Samuel A.; Admi |
| Motion No: 2017-06786 |
| Slip Opinion No: 2017 NY Slip Op 85654(U) |
| Decided on September 12, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M237337
E/sl
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2017-06786 In the Matter of Hannah T. R. (Anonymous). Administration for Children's Services, petitioner- respondent; Soya R. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Samuel A. R. (Anonymous), appella Administration for Children's Services, petitioner- respondent; Soya R. (Anonymous), respondent- appellant. (Proceeding No. 2) (Docket Nos. N-30634-14, N-30635-14)
| ORDER TO SHOW CAUSE nt. |
Appeal by Soya R. and separate appeal by Samuel A. R. from an order of the Family Court, Kings County, dated May 23, 2017. By scheduling order dated July 14, 2017, Soya R. was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for her appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if Soya R. was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute her appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing her appeal.
Soya R. has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Soya R. in the above-entitled proceedings for failure to comply with the scheduling order dated July 14, 2017, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before October 4, 2017; and it is further,
ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.
ENTER:
Aprilanne Agostino
Clerk of the Court