Opinion
2013-01768 Docket No. N-138-12 N-139-12 N-140-12 M155918
05-07-2013
In the Matter of Judge M. (Anonymous). Department of Social Services, respondent; v. Matthew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Trevor M. (Anonymous). Department of Social Services, respondent; v. Matthew M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Julian M. (Anonymous). Department of Social Services, respondent; v. Matthew M. (Anonymous), appellant. (Proceeding No. 3)
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Appeal by Matthew M. from an order of the Family Court, Putnam County, dated January 15, 2013. By order to show cause dated March 8, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that the appellant was not aggrieved by the order.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted to the extent that the appeal from so much of the order as (1) was entered upon the appellant's consent with respect to the fact finding, and (2) released the subject children to the appellant's custody, is dismissed without costs or disbursements, and the motion to dismiss the appeal is otherwise denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; 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 appeal; 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, 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; 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 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 appeal should or should not be dismissed.
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.
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.