Appellate Division: Second Judicial Department

M287022

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-10599 In the Matter of Amir E. (Anonymous), nonparty-respondent-appellant. Westchester County Department of Social Services, petitioner-respondent; Audrianna W. (Anonymous), respondent-appellant-respondent. (Docket No. B-13517-2018/2020A)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Audrianna W. and cross appeal by Amir E. from an order of the Family Court, Westchester County, dated December 12, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Stephen P. Gold, dated January 19, 2023, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the cross appellant Amir E. on the appeal:

Scott H. Stone

222 Bloomingdale Road, Suite 301

White Plains, NY 10605

914-761-4999

and it is further,

ORDERED that Stephen P. Gold, is directed to turn over all papers in the proceeding to the new attorney for the cross appellant Amir E. herein assigned; and it is further,

ORDERED that the appeal and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the attorney for the cross appellant Amir E., without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the attorney for the cross appellant Amir E. The attorney for the cross appellant Amir E. is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeal, when the attorney for the cross appellant Amir E. serves a brief upon those parties; and it is further,

ORDERED that attorney for the cross appellant Amir E. shall serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken; and it is further,

ORDERED that the cross appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the cross appellant of the transcripts of the minutes of the proceedings in the Family Court, and the cross appellant 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 cross appellant 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 and cross 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) an affidavit or an affirmation withdrawing the cross 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 and cross appeal to show cause why the cross appeal should or should not be dismissed.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

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.