Opinion
2013-05080 2013-05082 Docket No. B-4374/12 M156873
05-30-2013
In the Matter of Clair E. F. (Anonymous), appellant. Orange County Department of Social Services, petitioner-respondent; v. Benjamin F. (Anonymous), respondent-appellant, et al., respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Appeals by Clair E. F. and Benjamin F. from two orders of the Family Court, Orange County, dated April 16, 2013, and May 8, 2013, respectively.
On the Court's own motion, it is
ORDERED that the appeals from the order dated April 16, 2013 (Appellate Division Docket No. 2013-05080), are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Social Services Law 384-b (Family Court Act § 1112); and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), each appellant shall perfect his or her appeal from the order dated May 8, 2013 (Appellate Division Docket No. 2013-05082), in the above-entitled proceeding within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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 decision and order on motion; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, Benjamin 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 the Family Court proceedings to be transcribed for the appeals from the order dated May 8, 2013; or
(2) if there are such minutes, an affidavit or affirmation 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 he is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute his appeal from the order dated May 8, 2013, as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by his affidavit, stating either that he qualified for assigned counsel upon application to the Family Court and that his financial status has not changed since that time, or that he had retained counsel or appeared pro se in the Family Court, and listing his assets and income; or
(5) an affidavit or an affirmation withdrawing his appeal from the order dated May 8, 2013; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals from the order dated May 8, 2013, to show cause why the appeal by Benjamin F. should or should not be dismissed; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, Clair E. 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 the Family Court proceedings to be transcribed for the appeals from the order dated May 8, 2013; or
(2) if there are such minutes, an affidavit or affirmation 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 her appeal from the order dated May 8, 2013; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals from the order dated May 8, 2013, to show cause why the appeal by Clair E. F. should or should not be dismissed.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
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.