Appellate Division: Second Judicial Department

M277073

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2021-03053, 2021-03223 In the Matter of Lola G. D. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Ivy D. (Anonymous), respondent-appella (Docket No. N-9791-2018)

SCHEDULING ORDER nt.

Appeal by Lola G. D. from an order of the Family Court, Queens County, dated April 20, 2021, and separate appeal by Ivy D. from that order as well as an amended order of disposition of the same court also dated April 20, 2021.

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated May 5, 2021, in the above-entitled matter 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 by Lola G. D. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for Lola G. D. of the transcripts of the minutes of the proceedings in the Family Court, and 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 order; 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 scheduling order, the attorney for Lola G. D. 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 proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the transcripts have been ordered and paid for, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Lola G. D.; and it is further,

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 show cause why the appeal by Lola G. D. should or should not be dismissed.

MASTRO, A.P.J., RIVERA, DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

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.