Appellate Division: Second Judicial Department

M238236

E/ct

2017-09174 In the Matter of Romeo O. (Anonymous). Administration for Children's Services, petitioner-respondent; Sita P.- M. (Anonymous), et al., respondents-appellants, et al., respondent. (Proceeding No. 1) In the Matter of Autumn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Sita P.- M. (Anonymous), et al., respondents-appellants, et al., respondent. (Proceeding No. 2) In the Matter of Lanlia A. (Anonymous). Administration for Children's Services, petitioner-respondent; Sita P.- M. (Anonymous), et al., respondents-appellants, et al., respondent. (Proceeding No. 3) In the Matter of Don O. (Anonymous). Administration for Children's Services, petitioner-respondent; Sita P.- M. (Anonymous), et al., respondents-appellants, et al., respondent. (Proceeding No. 4) (Docket Nos. N-14734-16, N-14735-16, N-14736-16, N-14737-16)

SCHEDULING ORDER

Separate appeals by Sita P.- M. and Vincent M. from an order of the Family Court, Queens County, dated July 31, 2017. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Vincent M. shall perfect his appeal in the above-entitled proceedings within 60 days after the receipt 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, Vincent M. 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 that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if she is indigent and cannot afford to obtain the minutes or perfect his appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from Vincent M., stating either that he qualified for assigned counsel upon application to the Family Court and that his financial status has not changed since that time, or that he had retained counsel or appeared pro se in the Family Court, and listing his assets and income; or

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

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Vincent M. should or should not be dismissed.

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.