Appellate Division: Second Judicial Department

M267066

MB/

2019-10031 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) (Docket Nos. N-2251-17, N-2252-17, N-2553-17, N-2556-17, N-2557-17, N-2558-17)

ORDER TO SHOW CAUSE . . .

Appeal by Tiana S. and Matthew S. from an order of the Family Court, Dutchess County, dated July 29, 2019. By scheduling order dated September 12, 2019, the respondents-appellants were 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 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 the respondents-appellants 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 poor persons and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit, stating either that they qualified for assigned counsel upon application to the Family Court and that their financial status has not changed since that time, or that they had retained counsel or appeared pro se in the Family Court, and listing their assets and income; or

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

The appellants have 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 the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by Tiana S. in the above-entitled proceedings for failure to comply with the scheduling order dated September 12, 2019, by each 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 November 19, 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