Matter M. (Anonymous), Moses; Suffolk County Department of Social Serv
Motion No: 2024-00837
Slip Opinion No: 2024 NY Slip Op 63824(U)
Decided on March 11, 2024
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

M294776

KL/

2024-00837

In the Matter of Moses M. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; Melissa M. (Anonymous),

respondent-appellant.

Docket No. NN-8396-2023

SCHEDULING ORDER

Appeal by Melissa M. from an order of the Family Court, Suffolk County, dated February 14, 2024. By order on certification of this Court dated February 26, 2024, the following attorney was assigned as counsel for the appellant on the appeal:

Steven A. Feldman

1129 Northern Boulevard, Suite 404

Manhasset, NY 11030

516-441-0452

By letter dated February 26, 2024, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. 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 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 Acting 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 appeal; 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 February 26, 2024, 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 above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Acting 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:

Darrell M. Joseph

Acting Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.