Appellate Division: Second Judicial Department

M260787

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2018-13889 In the Matter of Drevon L. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Tiron L. (Anonymous), respondent-appellant, et al., respondent. (Docket No. B-1776-18)

DECISION & ORDER ON MOTION

Appeal by Tiron L. from an order of the Family Court, Orange County, dated November 5, 2018. By order to show cause dated January 22, 2019, 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 December 5, 2018, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

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

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the respondent-appellant's 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 respondent-appellant's 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 appeal; 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 December 5, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

ORDERED that if the respondent-appellant's assigned counsel fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

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.