Appellate Division: Second Judicial Department

M260397

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2019-01017 In the Matter of Skye H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Tiana S. (Anonymous), et al., respondents-appellants (Proceeding No. 1) In the Matter of Davion H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Tiana S. (Anonymous), et al., respondents-appellants (Proceeding No. 2) In the Matter of Troy H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Tiana S. (Anonymous), et al., respondents-appellants (Proceeding No. 3) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Tiana S. (Anonymous), et al., respondents-appellants (Proceeding No. 4) (Docket Nos. N-2551-17, N-2252-17, N-2553-17, N-2556-17, N-2557-17, N-2558-17, N-2559-17, N-2

DECISION & ORDER ON MOTION . . . . 260-17)

Motion by the respondents-appellants, in effect, to stay all proceedings in the above-entitled matters pending hearing and determination of an appeal from an order of the Family Court, Dutchess County, dated January 3, 2019, and for poor person relief.

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

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew on or before March 25, 2019, upon proper papers, including the respondents-appellants' affidavits setting forth their full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the respondents-appellants shall perfect the 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 decision and order on motion; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), on or before March 25, 2019, the respondents-appellants 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 proceeding 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 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 the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and, if so advised, for the assignment of counsel; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before on or before March 25, 2019, 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., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court