Opinion
Motion Nos. 2022-07854 2022-07856 2022-08390 Docket Nos. B-24825-2017 B-24285-2017 N-29971-2015
10-28-2022
In the Matter of Ruth C. (Anonymous). Mercy First, petitioner-respondent; Jaslene B. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Ruth C. (Anonymous). Administration for Children's Services, petitioner-respondent; Jaslene B. (Anonymous), et al., respondents-appellants. (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
M285749
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the scheduling order of this Court dated October 24, 2022, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:
Appeals by Jaslene B. from two orders of the Family Court, Kings County, dated October 10, 2019, and August 23, 2022, respectively. Separate appeals by Jeanty O. from the order dated August 23, 2022, and an order of the same court dated September 12, 2022. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeals of Jeanty O. in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant Jeanty O. of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Jeanty O. 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 appellant Jeanty O. 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) if the appellant Jeanty O. is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute her appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals of Jeanty O.; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 of Jeanty O. should or should not be dismissed.