Opinion
2013-02616 2013-02867 Docket No. N-2631-13 N-2632-13 M154056
04-03-2013
In the Matter of Timothy M. A. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; v. Jessica N. (Anonymous), et al., appellants,.
SCHEDULING ORDER
Appeal by Jessica N. from an order of the Family Court, Suffolk County, dated February 21, 2013, and separate appeals by Jessica N. and Timothy A. from an order of the same court dated February 22, 2013. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that the appellant Timothy A. Shall perfect his appeal in the above-entitled proceedings within 60 days after his receipt of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Timothy A 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 Timothy A 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; 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 the appellant Timothy A is indigent and cannot afford to obtain the minutes or perfect the appeals, 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 Timothy A; 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Timothy A should or should not be dismissed.
ENTER:
Aprilanne Agostino
Clerk of the Court