Matter of M. (Anonymous), Elizabeth; M. (Anonymous), Sasha; Administra
Motion No: 2024-02182
Slip Opinion No: 2024 NY Slip Op 68267(U)
Decided on May 24, 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

M296610

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-02182, 2024-02183, 2024-02382

In the Matter of Elizabeth M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Sasha M. (Anonymous),

respondent-appellant, et al., respondent.

(Proceeding No. 1)

In the Matter of Michael M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Sasha M. (Anonymous),

respondent-appellant, et al., respondent.

(Proceeding No. 2)

(Docket Nos. NN-3608-2024, NN-3609-2024

NN-2126-2024, NN-2127-2024)

ORDER TO SHOW CAUSE

Appeals by Sasha M. from three orders of the Family Court, Kings County, dated February 20, 2024, February 15, 2024, and February 9, 2024, respectively. By scheduling order dated April 1, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there are no minutes of the 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 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated April 1, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before June 24, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before June 24, 2024; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail.

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

ENTER:

Darrell M. Joseph

Clerk of the Court