Appellate Division: Second Judicial Department

M303930

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2024-08091 In the Matter of Escarleth Hayde T. G. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Rosalia G. L. (Anonymous), respondent-appellant. (Docket Nos. B-6739-2021, B-6739-2021/2023A)

DECISION & ORDER ON MOTION

2024-08094

In the Matter of Melania Rachell G. L.

(Anonymous). Westchester County Department

of Social Services, petitioner-respondent;

Rosalia G. L. (Anonymous), respondent-appellant.

(Docket Nos. B-6740-2021, B-6740-2021/2023A)

Appeals by Rosalia G. L. from two orders of the Family Court, Westchester County, both dated August 5, 2024. By orders to show cause dated February 7, 2025, the parties were 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 orders dated December 6, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Renewed motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel.

Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by appellant pro se is denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth the source of counsel fees paid to retained counsel in the Family Court and the amount and frequency of funds received from sources other than employment; and it is further,

ORDERED that the motions to dismiss the appeals are denied; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the 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 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) an affidavit or an affirmation withdrawing the appeals; 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 appeals will be dismissed without further notice.

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court