Appellate Division: Second Judicial Department

M266297

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-10465 In the Matter of London T. (Anonymous). Rockland County Department of Social Services, respondent; David T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Paris T. (Anonymous). Rockland County Department of Social Services, respondent; David T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kingston T. (Anonymous). Rockland County Department of Social Services, respondent; David T. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-70-18, N-71-18, N-72-18, V-188-17/18B, V-189-17/18B)

DECISION & ORDER ON MOTION

Appeal by David T. from an order of the Supreme Court, Rockland County (IDV Part), dated March 14, 2019.

On the Court's own motion, it is

ORDERED that the notice of appeal from the order dated March 14, 2019, is deemed to be a premature notice of appeal from an order of the same court dated July 30, 2019 (see CPLR 5520[c]); and it is further,

ORDERED that the scheduling order dated September 18, 2019, is recalled and vacated; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeal in the above-entitled action shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant 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]), within 30 days after the date of this decision and order on motion, the appellant 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 Supreme Court proceedings 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.