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Elizabeth C. v. Nina F.

Supreme Court of New York, Second Department
Dec 29, 2023
2023 N.Y. Slip Op. 79621 (N.Y. App. Div. 2023)

Opinion

Motion No. 2023-08820 Docket Nos. V-17440-2022 V-17441-2022 V-17442-2022 V-17443-2022 V-17444-2022 V-17445-2022 V-17446-2022 V-17447-2022 NN-8588-2022 NN-8589-2022 NN-8590-2022 NN-8591-2022 NN-8592-2022 NN-8593-2022 NN-8594-2022 NN-8595-2022

12-29-2023

In the Matter of Elizabeth C. (Anonymous), et al., respondents, v. Nina F. (Anonymous), et al., appellants; Michael F. (Anonymous), nonparty-respondent. (Proceeding No. 1) In the Matter of Sophia F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Ava F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 3) In the Matter of Lila F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 4) In the Matter of Michael F. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Nina F. (Anonymous), respondent-appellant. (Proceeding No. 5)


Unpublished Opinion

MOTION DECISION

M293279

SCHEDULING ORDER

Appeal by Nina F. and separate appeal by Michael F. from an order of the Family Court, Suffolk County, dated September 15, 2023. By order on certification of this Court dated December 4, 2023, the following attorney was assigned as counsel for the appellant Michael F. on the appeals:

Thomas J. Butler

P.O. Box 665

Melville, NY 11747

877-847-1896

By letter dated December 26, 2023, the assigned counsel has informed this Court that the appellant Michael F. wishes to proceed with his appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal of Michael F. 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 Acting Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeal of Michael F.; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated December 4, 2023, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Michael F.; 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 Acting Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal of Michael F. should or should not be dismissed.


Summaries of

Elizabeth C. v. Nina F.

Supreme Court of New York, Second Department
Dec 29, 2023
2023 N.Y. Slip Op. 79621 (N.Y. App. Div. 2023)
Case details for

Elizabeth C. v. Nina F.

Case Details

Full title:In the Matter of Elizabeth C. (Anonymous), et al., respondents, v. Nina F…

Court:Supreme Court of New York, Second Department

Date published: Dec 29, 2023

Citations

2023 N.Y. Slip Op. 79621 (N.Y. App. Div. 2023)