Opinion
2013-02556 Docket No. N-7162-10 N-7162-10/10A N-16125-03 N-16126-03 N-20245-06 N-20528-05 N-21550-05 N-21551-05 N-21552-05 M154046
04-03-2013
In the Matter of Harmony M. E. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Andre C. (Anonymous), et al., appellants. (Proceeding Nos. 1, 2) In the Matter of Queen L. E. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Andre C. (Anonymous), et al., appellants. (Proceeding Nos. 3, 7) In the Matter of Precious J. E. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Andre C. (Anonymous),et al., appellants. (Proceeding Nos. 4, 8) In the Matter of Baby G. C. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Andre C. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Allah S.-E. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Andre C. (Anonymous), et al. appellants. (Proceeding Nos. 6, 9)
SCHEDULING ORDER
Separate appeals by Andre C. and Jessica C. from an order of the Family Court, Queens County, dated January 29, 2013. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that Jessica C. shall perfect her appeal in the above-entitled proceedings within 60 days after her receipt of the transcripts of the minutes of the proceedings in the Family Court, and she 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 Jessica C. 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 she is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute 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 her affidavit, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or
(5) an affidavit or an affirmation withdrawing her appeal; 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 appeals to show cause why the appeal by Jessica C. should or should not be dismissed.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions