Appellate Division: Second Judicial Department

M249347

E/rr

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-04199 In the Matter of Peyton B. (Anonymous). Administration for Children's Services, petitioner-respondent; Domonique C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Maverick B. (Anonymous). Administration for Children's Services, petitioner-respondent; Domonique C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of Madison B. (Anonymous). Administration for Children's Services, petitioner-respondent; Domonique C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 3) In the Matter of Dallas B. (Anonymous). Administration for Children's Services, petitioner-respondent; Domonique C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 4) In the Matter of Charlee B. (Anonymous). Administration for Children's Services, petitioner-respondent; Domonique C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 5) (Docket Nos. N-5760-18, N-5761-18, N-5762-18, N-5763-18, N-5764-18)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Family Court, Queens County, dated March 26, 2018, and to return the subject children to her care and custody, pending hearing and determination of an appeal from the order, and for poor person relief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order dated March 26, 2018, and to return the subject children to the respondent-appellant's care and custody is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the repondent-appellant, the petitioner-respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see CPLR 1101[e]); and it is further,

ORDERED that the branch of the motion which is to be provided with transcripts, without charge, is granted, and the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the respondent-appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the respondent-appellant's counsel. The respondent-appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the respondent-appellant's counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings 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's 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 the Family Court proceedings 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 this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, 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 this 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., AUSTIN, DUFFY and BARROS, 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.