Matter of P. (Anonymous), Dallas; Administration for Children's Servic
Motion No: 2018-09171
Slip Opinion No: 2018 NY Slip Op 90370(U)
Decided on December 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258047

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-09171, 2018-09172, 2018-09173

In the Matter of Dallas P. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Allison P. (Anonymous), respondent-

appellant.

(Docket No. N-16781-15)

DECISION & ORDER ON MOTION

Appeals by Allison P. from three orders of the Family Court, Queens County, one dated February 7, 2018, and two dated June 21, 2018. By order to show cause dated October 31, 2018, the parties were 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 September 10, 2018, to perfect the appeals on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeals.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcript of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcript is 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 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 October 31, 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 the appeals; 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

BALKIN, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court