Opinion
Motion Nos. 2024-02743 2024-02751 Docket Nos. B-4120-2023 B-8393-2021 B-8398-2021 B-8404-2021
07-17-2024
In the Matter of Benz G. (Anonymous). Children's Aid Society, petitioner-respondent; Russell B. (Anonymous), respondent-appellant, et al., respondents. (Proceeding No. 1) In the Matter of Sebastian B. (Anonymous). Children's Aid Society, petitioner-respondent; Russell B. (Anonymous), respondent-appellant, et al., respondents. (Proceeding No. 2) In the Matter of Chandler B. (Anonymous). Children's Aid Society, petitioner-respondent; Russell B. (Anonymous), respondent-appellant, et al., respondents. (Proceeding No. 3)
Unpublished Opinion
MOTION DECISION
M297818
SCHEDULING ORDER
Appeals by Russell B. from two orders of the Family Court, Queens County, dated January 25, 2024, and March 25, 2024, respectively. By order on certification of this Court dated June 21, 2024, the following attorney was assigned as counsel for the appellant on the appeals:
Robin Stone Einbinder
69-35 178th Street
Flushing, N.Y. 11365
718-340-3226
By letter dated July 15, 2024, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 proceedings to be transcribed for the appeals; 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 June 21, 2024, 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 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 this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.