Appellate Division: Second Judicial Department

M250239

E/sl

2018-02060 In the Matter of April M. B. (Anonymous), appellant child. Westchester County Department of Social Services, petitioner-respondent; Phyllis B. (Anonymous), et al., respondents-appellants. (Docket Nos. N-1667-15, N-1668-15, N-508-17, N-509-17)

SCHEDULING ORDER

Appeal by April M. B., and separate appeal by Phyllis B. and Jimmy B., from an order of the Family Court, Rockland County, dated November 24, 2017. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Phyllis B. and Jimmy B. shall perfect their appeal 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, Phyllis B. and Jimmy B 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 it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) if they are indigent and cannot afford to obtain the minutes or perfect their appeal, a motion in this Court for leave to prosecute their 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 their affidavits, stating either that they qualified for assigned counsel upon application to the Family Court and that their financial status has not changed since that time, or that they had retained counsel or appeared pro se in the Family Court, and listing their assets and income; or

(5) an affidavit or an affirmation withdrawing their 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 this Court shall issue an order to all parties to the appeals to show cause why the appeal by Phyllis B. and Jimmy B 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.