Matter of H. (Anonymous), Skye; H. (Anonymous), Davion; H. (Anonymou
Motion No: 2020-07770
Slip Opinion No: 2021 NY Slip Op 60017(U)
Decided on January 4, 2021
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

M274834

E/sl

2020-07770

In the Matter of Skye H. (Anonymous).

Duthchess 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).

Duthchess 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).

Duthchess County Department of Community

and Family Services, petitioner-respondent;

Tiana S. (Anonymous), et al., respondents-appellants

(Proceeding No. 3)

In the Matter of Nathaniel S. (Anonymous).

Duthchess County Department of Community

and Family Services, petitioner-respondent;

Tiana S. (Anonymous), et al., respondents-appellants

(Proceeding No. 4)

(Docket Nos. NN-02551-2017, NN-02252-2017,

NN-02553-2017, NN-02556-2017, NN-02557-2017,

NN-02558-2017, NN-02559-2017, NN-02560-2017)

SCHEDULING ORDER



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Appeal by Tiana S. and Matthew S. from an order of the Family Court, Dutchess County, dated September 17, 2020. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondents-appellants of the transcripts of the minutes of the proceedings in the Family Court, and the respondents-appellants 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 respondents-appellants 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 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 the decision and order on motion decided herewith granting poor person relief to the appellants 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 none of the 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 appeal to show cause why the appeal 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 [email protected] or 718-722-6488 with any questions.