Orange Cnty. Dep't of Soc. Servs. v. Benjamin F. (In re Clair E.F.)

Full title: In the Matter of Clair E. F. (Anonymous). Orange County Department of…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jul 3, 2013

2013 N.Y. Slip Op. 78890 (N.Y. App. Div. 2013)

Opinion

2013-05618 Docket No. B-4374/12 M158778

07-03-2013

In the Matter of Clair E. F. (Anonymous). Orange County Department of Social Services, respondent; v. Benjamin F. (Anonymous), et al., appellants.

SCHEDULING ORDER

Appeals by Benjamin F. and Christine Y. from an amended order of the Family Court, Orange County, dated May 8, 2013.

By order on certification of this Court dated June 13, 2013, the following attorney was assigned as counsel for appellant Benjamin F. on the appeal:

Edward Bruno, Esq.
15 Bruyn Avenue
Pine Bush, N.Y. 12566
845-361-3671

By letter dated June 27, 2013, the assigned counsel has informed this Court that the appellant Benjamin F. wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by Benjamin F. in the above-entitled proceeding 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 proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this Court dated June 13, 2013, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal by Benjamin 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 Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal by Benjamin F. should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.