Opinion
Motion No: 2012-07155 2012-07156 Docket No. B-14709-09/10A B-14190-09/10A B-14780-09/10A B-14191-09/10A M142150
08-15-2012
In the Matter of Amari S. G. E. (Anonymous). Westchester County Department of Social Services, Kiona E. (Anonymous), et al., appellants; v. Tyeisha H. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Amarianna M. S. E. (Anonymous). Westchester County Department of Social Services, Kiona E. (Anonymous), et al., appellants; v. Tyeisha H. (Anonymous), nonparty-appellant. (Proceeding No. 2)
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
DECISION & ORDER ON MOTION
Separate appeals by Kiona E., George E., and Tyeisha H. from two orders of the Family Court, Westchester County, both dated June 28, 2012. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that on the Courts own motion the appeals by George E. are dismissed, without costs or disbursements, as he is not aggrieved by the orders appealed from (see CPLR 5511; Matter of Joseph Kenneth B., 47 AD3d 809); and it is further,
ORDERED that the appellants Kiona E. and Tyeisha H. shall perfect the appeals in the above-entitled proceedings within 60 days after their receipt of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 decision and order on motion, Kiona E. and and Tyeisha H. 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 his or her 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 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) 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 to show cause why that appellant's appeal should or should not be dismissed.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.