Appellate Division: Second Judicial Department

M265648

AFA

2019-06742 In the Matter of Zariah S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Bernadine C. (Anonymous), et al., respondents-appellants. (Docket Nos. N-8548-19, N-8552-19)

ORDER TO SHOW CAUSE

Appeal by Bernadine C., and separate appeal by Jahquan S., from an order of the Family Court, Suffolk County, dated June 5, 2019. By scheduling order dated July 16, 2019, the appellant Bernadine C. was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order:

(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 she is indigent and cannot afford to obtain the minutes or perfect her appeal, a motion in this Court for leave to prosecute her 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 her affidavit, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

(5) an affidavit or an affirmation withdrawing her appeal.

The appellant Bernadine C. has failed to comply with the scheduling order. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is

ORDERED that Bernadine C. is directed to show cause before this Court why an order should or should not be made and entered dismissing her appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 16, 2019, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before September 26, 2019; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

ENTER:

Aprilanne Agostino

Clerk of the Court