| Matter of D. (Anonymous), Deborah; D. (Anonymous) Isaac; Administratio |
| Motion No: 2017-12540 |
| Slip Opinion No: 2018 NY Slip Op 65361(U) |
| Decided on February 27, 2018 |
| 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
M246702
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
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2017-12540 In the Matter of Deborah D. (Anonymous). Administration for Children's Services, petitioner- respondent; Elliot D. (Anonymous), respondent- appellant. In the Matter of Isaac D. (Anonymous). Administration for Children's Services, petitioner- respondent; Elliot D. (Anonymous), respondent- appellant. (Docket Nos. N-1043-17, N-01044/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant pro se on an appeal from an order of the Family Court, Kings County, dated October 24, 2017, for leave to reargue the branches of his prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by decision and order on motion of this Court dated January 24, 2018.
Upon the papers filed in support of the motion and no papers having been filed in in relation 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]), within 30 days of 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 proceeding to be transcribed for the appeal; 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 it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
LEVENTHAL, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court