| Matter of D. (Anonymous), Erik; D. (Anonymous), Evan; D. (Anonymous) |
| Motion No: 2025-03265 |
| Slip Opinion No: 2025 NY Slip Op 68707(U) |
| Decided on May 14, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M305089
KL/
|
2025-03265, 2025-03272, 2025-03561, 2025-04667 In the Matter of Erik D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Elliot D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) In the Matter of Ethan D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 3) In the Matter of Evan D. (Anonymous). Administration for Children's Services, petitioner-respondent; Erika R. (Anonymous), et al., respondents-appellants. (Proceeding No. 4) (Docket Nos. NA-12551-2017, NA-12552-2017, NA-12553-2017, NA-12554-2017, V-1126-2025, V-1127-2025)
| SCHEDULING ORDER |
Appeals by Erika R. from two orders of the Family Court, Queens County, one dated February 13, 2025, under Family Court Docket Nos. N-12551-2017 and N-12554-2017, and one dated January 17, 2025. Separate appeals by Ivan D. from three orders of the Family Court, Queens County, one dated January 15, 2025, under Family Court Docket Nos. NA-12253-2017, NA-12554-2017, NA-12551-2017, NA-12552-2017, one dated February 13, 2025, under Family Court Docket Nos. NA-12254-2017, NA-12551-2017, and one dated February 13, 2025, under Family Court Docket Nos. V-1126-2025, V-1127-2025, the following attorney was assigned as counsel for the appellant Ivan D. on the appeals:
Peter A. Wilner
105 West 86th Street, Suite 129
New York, NY 10024
917-733-5932
By letter dated May 8, 2025, the assigned counsel has informed this Court that the appellant Ivan D. wishes to proceed with the appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeals by Ivan D. 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 appeals; 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 April 23, 2025, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals by Ivan D.; 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 appeals by Ivan D. should or should not be dismissed.
ENTER:
Darrell M. Joseph
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.