Opinion
Motion No. 2023-01345 Docket No. B-2239-2022
06-14-2023
In the Matter of Troy S. H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-respondent; Tianna S. (Anonymous), respondent-appellant; Matthew S. (Anonymous), nonparty-appellant.
Unpublished Opinion
MOTION DECISION
M289536
HECTOR D. LASALLE, P.J., MARK C. DILLON. COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER TO SHOW CAUSE
Appeals by Tianna S. and Matthew S. from an order of the Family Court, Dutchess County, dated December 12, 2022. By scheduling orders dated April 26, 2023, the appellants were directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling orders:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme 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 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 appellants are indigent and cannot afford to obtain the minutes or perfect their appeals, a motion in this Court for leave to prosecute the appeals as poor persons and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing their appeals.
The appellants have failed to comply with the scheduling orders. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is
ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling orders dated April 26, 2023, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before July 14, 2023; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at AD2-Motions@nycourts.gov or via regular mail addressed to the Clerk of this Court on or before July14, 2023; and it is further, ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.