MATTER of Javaris K. C. (Anonymous). Administration for Childrens Services, petitioner-res, James C. (Anonymous), respondent-appellant res — Appeals by James C. from two orders of the Family Court, Kings County, dated May 16, 2017, and February 22, 2018, respectively. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 ; and it is further,ORDERED that within 30 days after the date of this , 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 appeals; or(2) if there are such minutes, an affidavit or affirmation stating 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 appeals, a motion in this Court for leave to prosecute the appeals 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 appeals; 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 , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
By Leventhal, J.P.; Austin, Duffy and Barros, JJ.MATTER of Gregory A. J. (Anonymous). Little Flower Childrens Services, petitioner- res, Gregory J. (Anonymous), respondent- ap — (Proceeding No. 1)MATTER of Alexis R. J. (Anonymous). Little Flower Childrens Services, petitioner- res, Gregory J. (Anonymous), respondent- ap — (Proceeding No. 2) — Appeals by Gregory J. from two orders of the Family Court, Queens County, dated December 30, 2016, March 14, 2016, respectively, and a decision of the same court dated March 16, 2018.On the Court’s own motion, it isORDERED that the appeals from the orders dated December 30, 2016, and March 14, 2016, are dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Social Services Law §384- b (see Family Ct Act §1112; Matter of Sheldon D. G., 6 AD3d 613; see also Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085), and leave to appeal has not been granted; and it is further,ORDERED that on the Court’s own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from two dispositional orders of the same court (one as to each child) both dated May 31, 2018 (see CPLR 5520[c]); and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals from the orders dated May 31, 2018, in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant 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 decision and order on motion; 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, the respondent-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 from the orders dated May 31, 2018; or(2) if there are such minutes, an affidavit or affirmation stating 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 respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeals from the orders dated May 31, 2018, a motion in this Court for leave to prosecute the appeals 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 respondent-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 appeals from the orders dated May 31, 2018; 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to show cause why the appeals from the orders dated May 31, 2018, should or should not be dismissed.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
