Opinion
2013-01139 2013-01142 Docket No. N-19907-11 N-19908-11 N-19909-11 N-19910-11 M153681
03-28-2013
In the Matter of Melody H. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Dwayne H. (Anonymous), appellant, et al., respondent. (Proceeding No. 1). In the Matter of Makeya H. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Dwayne H. (Anonymous), appellant, et al., respondent. (Proceeding No. 2). In the Matter of Mahogany H. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Dwayne H. (Anonymous), appellant, et al., respondent. (Proceeding No. 3). In the Matter of Ishmyle R. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Dwayne H. (Anonymous), appellant, et al., respondent. (Proceeding No. 4).
SCHEDULING ORDER
Appeals by Dwayne H. from two orders of the Family Court, Kings County, both dated January 9, 2013. By order on certification of this Court dated February 11, 2013, the following attorney was assigned as counsel for the appellant on the appeals:
Cheryl L. Gammone, Esq.
By letter dated March 25, 2013, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals 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 proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this Court dated February 11, 2013, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; 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 the Court shall issue an order to all parties to the appeals to show cause why the appeals 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.