Appellate Division: Second Judicial Department

M254025

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2018-05457 In the Matter of Matter of Isaac S. (Anonymous). Administration for Children's Services, petitioner- respondent; Miriam S. (Anonymous), et al., responde appellants. (Proceeding No. 1) In the Matter of Matter of Faigy S. (Anonymous). Administration for Children's Services, petitioner- respondent; Miriam S. (Anonymous), et al., responde appellants. (Proceeding No. 2) (Docket Nos. N-4462-17, N-4463-17)

SCHEDULING ORDER nts- nts

Separate appeals by Miriam S. and Israel S. from an order of the Family Court, Kings County, dated May 1, 2018. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that each respondent-appellant shall perfect her or his appeal in the above-entitled proceedings 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, respondent-appellant Israel S. 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 an respondent-appellant is indigent and cannot afford to obtain the minutes or perfect her or his appeal, a motion in this Court for leave to prosecute that respondent-appellant's 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 an affidavit from the respondent-appellant, stating either that she or he qualified for assigned counsel upon application to the Family Court and that her or his financial status has not changed since that time, or that she or he had retained counsel or appeared pro se in the Family Court, and listing her or his assets and income; or

(5) an affidavit or an affirmation withdrawing that respondent-appellant's appeal; and it is further,

ORDERED that if an respondent-appellant Israel S. takes none of the actions described in (1), (2), (3), (4), or (5) above 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 Israel S. 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.