Opinion
Motion No. 2023-09241 Docket No. NN-24745-2022
04-05-2024
In the Matter of Paityn B. (Anonymous). Administration for Children's Services, petitioner-respondent; Patra B. (Anonymous), respondent-appellant.
Unpublished Opinion
MOTION DECISION
M295484
HECTOR D. LASALLE, P.J., JOSEPH J. MALTESE, LARA J. GENOVESI, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal by Patra B. from an order of the Family Court, Kings County, dated August 28, 2023. By order to show cause dated February 21, 2024, the parties 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 proceeding for failure to comply with a scheduling order dated October 20, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
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 denied; and it is further, ORDERED that within 30 days after the date of this scheduling order, 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 stating 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 appeal; 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 scheduling order, the appeal will be dismissed without further notice.
LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.