Matter of T. (Anonymous), Melanie; Administration for Children's Servi
Motion No: 2022-08230
Slip Opinion No: 2022 NY Slip Op 73808(U)
Decided on October 28, 2022
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

M285650

JV/

2022-08230, 2022-08232

In the Matter of Melanie T. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Eric F. (Anonymous),

respondent-appellant.

(Docket Nos. N-8606-2020, N-8608-2020)

SCHEDULING ORDER

Appeals by Eric F. from two orders of the Family Court, Queens County, dated September 20, 2022, and September 7, 2022, respectively. By order on certification of this Court dated October 19, 2022, the following attorney was assigned as counsel for the appellant on the appeals:

Heath J. Goldstein

90-50 Parsons Boulevard, Suite 214

Jamaica, NY 11432

917-935-3398

By letter dated October 20, 2022, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeals 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 October 19, 2022, 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; 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 the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

Maria T. Fasulo

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.