Opinion
Motion No: 2011-06972 2011-06973 Docket No. N-4753/08 N-4754/08 M124756
09-14-2011
In the Matter of Dimitri G. (Anonymous). Administration for Children's Services, petitioner-respondent; v. Alex G.(Anonymous), also known as Worthey G. (Anonymous), appellant, et al., respondent.
, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
SCHEDULING ORDER
Appeals by Alex G., also known as Worthey G., from two orders of the Family Court, Richmond County, dated October 1, 2009, and June 23, 2011, respectively. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal from the order dated October 1, 2009 (Appellate Division Docket No. 2011-06972), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), the appeal from the order dated June 23, 2011, in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where 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 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 appeal from the order dated June 23, 2011; 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 the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal from the order dated June 23, 2011, a motion in this Court for leave to prosecute the 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 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 appeal from the order dated June 23, 2011; 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 the Court shall issue an order to all parties to the appeal to show cause why the appeal from the order dated June 23, 2011, should or should not be dismissed.
MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.