Opinion
2012-09600 2012-09602 Docket No. B-18708-08 Docket No. B-18709-08 M146258
11-19-2012
In the Matter of Gianni D. M. (Anonymous). SCO Family of Services, et al., petitioners-respondents; v. Herbert M. (Anonymous), et al., appellants. (Appeal No. 1) In the Matter of Dylan A. M. (Anonymous). SCO Family of Services, et al., petitioners-respondents; v. Herbert M. (Anonymous), et al., appellants. (Appeal No. 2)
SCHEDULING ORDER
Appeals by Herbert M. and Osiris J. M. from two orders of the Family Court, Queens County, both dated August 28, 2012. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that each appellant shall perfect his or her appeals in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and the each appellant 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, each 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 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 an appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute his or her appeal 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 that 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 his or her appeals; and it is further,
ORDERED that if an appellant does not take the actions described in (1), (2), (3), (4), or (5) above within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why that appellant's appeals should or should not be dismissed.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.