Opinion
Motion No. 2022-09059 Docket Nos. N-694-2020 N-695-2020 G-87-2022
01-23-2023
In the Matter of Camila G. C. (Anonymous). Rockland County Child Protective Services, petitioner-respondent; Matthew C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Camila G. C. (Anonymous). Rockland County Child Protective Services, petitioner-respondent; Matthew C. (Anonymous), respondent-appellant, et al., respondent; Laura F. (Anonymous), nonparty-appellant. (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
M286958 JV/
SCHEDULING ORDER
Separate appeals by Matthew C. and Laura F. from an order of the Family Court, Rockland County, dated September 28, 2022. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeal by Laura F. in the above-entitled proceedings shall be perfected either 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant Laura F. 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 it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or
(4) if the appellant Laura F. 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 by Laura F.; and it is further, ORDERED that if none of the above actions described in (1), (2), (3), (4) or (5) 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 appeal by Laura F. should or should not be dismissed.