Opinion
Motion No: 2011-07402 Docket No. B-15052/09 B-15053/09 M125927
09-27-2011
In the Matter of Tatiana E. (Anonymous). Westchester County Department of Social Services, respondent; v. Mariya S. (Anonymous), et al., appellants.
SCHEDULING ORDER
Separate appeals by Mariya S. and Douglas A. E. from an order of the Family Court, Westchester County, dated July 13, 2011. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that each appellant shall be perfect his or her appeal in the above-entitled proceeding within 60 days after the receiving the transcripts of the minutes of the proceedings in the Family Court, and each appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where 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, each 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 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 an appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute his or her 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 the appellant's affidavit, 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 his or her appeal; and it is further,
ORDERED that if an appellant does not take any of the actions described in (1), (2), (3), (4), or (5) 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 that appellant should or should not be dismissed.
ENTER:
Matthew G. Kiernan
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.