Matter of S. (Anonymous), Kishanda; Administration for Children's Serv
Motion No: 2019-10291
Slip Opinion No: 2019 NY Slip Op 86785(U)
Decided on December 24, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268444

MB/

2019-10291, 2019-10292, 2019-11876

In the Matter of Kishanda S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Rebekah H. (Anonymous),

et al., respondents-appellants.

(Docket No. N-13060-17)

SCHEDULING ORDER

Appeals by Rebekah H. from an order of disposition concerning her parental rights of the Family Court, Queens County, dated July 30, 2019, and an order of fact finding also dated July 30, 2019, and separate appeals by Stephan S. from an order an order of disposition concerning his parental rights of the same court dated July 30, 2019, and the order of fact-finding. By order on certification of this Court dated November 15, 2019, the following attorney was assigned as counsel for the respondent-appellant Stephan S. on the appeals:

Christine Theodore

1 Hempstead Lane

Spring Valley, NY 10977

845-300-8880

By letter dated December 18, 2019, the assigned counsel has informed this Court that Stephan S. wishes to proceed with his appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeals by Stephan S. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the 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 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 received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated November 15, 2019, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals by Stephan S.

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals by Stephan S. should or should not be dismissed.

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.