Opinion
2013-01755 2013-01757 Docket No. B-30609-09 B-30610-09 B-30611-09 N-12802-11 N-30642-09 M155468
04-29-2013
In the Matter of Tamiyah O. A-.T (Anonymous). Administration for Children's Services, respondent; v. Lorraine A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kyjuan K. A. (Anonymous). Administration for Children's Services, respondent; v. Lorraine A. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kha-Lil S. A. (Anonymous). Administration for Children's Services, respondent; v. Lorraine A. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Naliyah Z. A. (Anonymous). Administration for Children's Services, respondent; v. Lorraine A. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ileana L. A. (Anonymous). Administration for Children's Services, respondent; v. Lorraine A. (Anonymous), appellant. (Proceeding No. 5)
, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute appeals two orders of the Family Court, Kings County, both dated January 17, 2013, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 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) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeals should or should not be dismissed.
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
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.