Opinion
2012-07269 Docket No. B-591/12 M157051
05-28-2013
In the Matter of Nicholas M. (Anonymous). Suffolk County Department of Social Services, respondent; v. Julie M. (Anonymous), appellant.
, P.J.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated December 13, 2012, which dismissed an appeal from an order of the Family Court, Suffolk County, dated June 18, 2012, for failure to comply with the scheduling order dated August 28, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court, and reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this Court dated December 13, 2012, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before June 28, 2013, 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 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 is indigent and cannot afford to obtain the minutes or perfect the appeal, 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; and it is further,
ORDERED that if the appellant fails to file the affidavit or affirmation on or before June 28, 2013, as set forth above, the Court will dismiss the appeal, without further notice.
ENG, P.J., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court