Appellate Division: Second Judicial Department

M250699

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2018-01864 In the Matter of Ramal M. (Anonymous), Jr. Cardinal Mccloskey Services, petitioner-respondent; Teiyana T. (Anonymous), respondent-appellant. (Docket No. B-15271-16)

DECISION & ORDER ON MOTION

2018-02050

In the Matter of Ramal M. (Anonymous), Jr.

Cardinal Mccloskey Services, petitioner-respondent;

Ramal M. (Anonymous), respondent-appellant.

(Docket No. B-15271-16)

Appeal by Teiyana T. from an order of the Family Court, Queens County, dated December 28, 2017 (Appellate Division Docket No. 2018-01864), and separate appeal by Ramal M. from an order of the same court dated January 16, 2018 (Appellate Division Docket No. 2018-02050). By order to show cause dated April 19, 2018, Teiyana T. was 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 February 28, 2018, to perfect her appeal on the ground that the attorney had been unable to contact her, and dismissing her appeal. Motion by the petitioner-respondent to consolidate the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the petitioner-respondent's motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal by Teiyana T. and to relieve assigned counsel is denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated December 28, 2017, is deemed to be a notice of appeal from the order dated January 16, 2018 (see CPLR 5512[a]), and the appeal by Teiyana T. will be prosecuted under Appellate Division Docket No. 2018-02050 and not under Appellate Division Docket No. 2018-01864; and it is further,

ORDERED that the petitioner-respondent's motion is denied as academic; and it is further,

ORDERED that Teiyana T. shall perfect her appeal in the above-entitled proceeding either within 60 days after the receipt by her assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and her 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel for Teiyana T. 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 appeals; 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 February 28, 2018, 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 her 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal by Teiyana T. should or should not be dismissed.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court