Opinion
2013-01496 Docket No. B-8315-12 M155365
04-26-2013
In the Matter of Nathan F. T. (Anonymous), Jr. Westchester County Department of Social Services, respondent; v. Nathan H. (Anonymous), appellant; Gillian McGoey, nonparty-appellant.
, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Appeal by Nathan H. and Gillian McGoey from an order of the Family Court, Queens County, dated December 12, 2012. By order to show cause dated February 28, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Nathan H. and/or Gillian McGoey in the above-entitled proceeding on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Social Services Law § 384-b (see Family Ct Act § 1112), and leave to appeal has not been granted. Application to withdraw the appeal by Nathan H., to withdraw the appeal by Gillian McGoey from so much of the order dated December 12, 2012, as denied the respondent's motion to disqualify her, and for this Court to grant Gillian McGoey leave to appeal to this Court from so much of the order as determined that she engaged in frivolous conduct and imposed a sanction upon her.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appeal by Nathan H. and the appeal by Gillian McGoey from so much of the order dated December 12, 2012, as denied the respondent's motion to disqualify her are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that Gillian McGoey is granted leave to appeal from so much of the order dated December 12, 2012, as determined that she engaged in frivolous conduct and imposed a sanction upon her; 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, Gillian McGoey 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 her 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) an affidavit or an affirmation withdrawing the appeal; 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 appeal to show cause why the appeal should or should not be dismissed.
RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court ‘