Appellate Division: Second Judicial Department

M297885

JV/

2024-05000 In the Matter of Misha W. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Melissa R. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Trinity M. W. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Melissa R. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. NN-225-2023, NN-138-2023)

SCHEDULING ORDER

Appeals by Melissa R. and Ethan W. from an order of the Family Court, Westchester County, dated May 22, 2024. By order on certification of this Court dated July 1, 2024, the following attorney was assigned as counsel for the appellant Melissa R. on the appeals:

Andrew W. Szczesniak

777 Westchester Avenue, Suite 101

White Plains, NY 10604

914-682-9282

By letter dated July 17, 2024, the assigned counsel has informed this Court that the appellant Melissa R. wishes to proceed with her appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal of Melissa R. 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 appeal of Melissa R.; 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 July 1, 2024, has been served upon the clerk of the court from which the appeal of Melissa R. is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Melissa R.; 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 appeal of Melissa R. should or should not be dismissed.

ENTER:

Darrell M. Joseph

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.