Appellate Division: Second Judicial Department

M246411

/afa

2017-12528 In the Matter of Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-respondent; Oguis A.-D. (Anonymous), respondent-respondent-appellant. (Proceeding No. 1) In the Matter of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-respondent; Oguis A.-D. (Anonymous), respondent-respondent-appellant. (Proceeding No. 2) (Docket Nos. N-10172-16, N-10175-16)

SCHEDULING ORDER

Appeal by Suffolk County Department of Social Services, and cross appeal by Oguis A.-D., from an order of the Family Court, Suffolk County, dated October 13, 2017. By order on certification of this Court dated January 16, 2018, the following attorney was assigned as counsel for Oguis A.-D.:

Gina Scelta, Esq.

54 Cherry Lane

Huntington, NY 11743

631-470-4903

By letter dated February 14, 2018, the assigned counsel has informed this Court that Oguis A.-D. wishes to proceed with the cross appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the cross appeal in the above-entitled proceedings shall be perfected 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 the assigned counsel 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, the assigned counsel 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 appeal and cross appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 16, 2018, has been served upon the clerk of the Family Court, Suffolk County, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the cross 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 this Court shall issue an order to all parties to the appeal and cross appeal to show cause why the cross appeal 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.