Matter of M. (Anonymous), Amber L.; N. (Anonymous), Devon M.; Suffol
Motion No: 2017-07516
Slip Opinion No: 2017 NY Slip Op 88074(U)
Decided on October 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238743

/ct

2017-07516

In the Matter of Amber L. M. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; Cheryl M. (Anonymous),

et al., respondents-appellants.

(Proceeding No. 1)

In the Matter of Devon M. N. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; Cheryl M. (Anonymous),

et al., respondents-appellants.

(Proceeding No. 2)

(Docket Nos. B-1109-17, B-1118-17, B-1145-17,

B-1147-17)

SCHEDULING ORDER

Separate appeals by Cheryl M. and Richard N. from an order of the Family Court, Suffolk County, dated June 6, 2017. By order on certification of this Court dated August 23, 2017, the following attorney was assigned as counsel for the respondent-appellant Richard N. on the appeals:

Abbe Shapiro, Esq.

5507-10 Nesconset Highway, Suite 212

Mount Sinai, NY 11766

516-330-5490

By letter dated September 29, 2017, the assigned counsel has informed this Court that the respondent-appellant Richard N. wishes to proceed with his appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Richard N. shall perfect his separate appeal in the above-entitled proceedings 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 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 scheduling order, Richard N. 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 August 23, 2017, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing his appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Richard N. should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.