Appellate Division: Second Judicial Department

M244441

E/rr

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-09426, 2017-09427 In the Matter of Joseph L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cyanne W. (Anonymous), respondent-appellant. (Docket No. N-17100-16)

DECISION & ORDER ON MOTION

Appeals by Cyanne W. from two orders of the Family Court, Suffolk County, dated June 13, 2017, and July 19, 2017, respectively. By order to show cause dated November 29, 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 September 25, 2017, to perfect the appeals on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeals.

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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation stating 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 the order on certification of this Court dated September 25, 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 transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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, the Court will dismiss the appeals, without further notice.

DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

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.