Motion List released on: September 12, 2019
MATTER of Skye H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Tiana S. (Anonymous) respondents-ap — (Proceeding No. 1) MATTER of Davion H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Tiana S. (Anonymous) respondents-ap — (Proceeding No. 2) MATTER of Troy H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Tiana S. (Anonymous) respondents-ap — (Proceeding No. 3) N-2556-17, N-2557-17, N-2558-17) — Appeal by Tiana S. and Matthew S. from an order of the Family Court, Dutchess County, dated July 29, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants 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 ; and it is further, ORDERED that within 30 days after the date of this , the appellants 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 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 appellants are indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as poor persons and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellants, stating either that they qualified for assigned counsel upon application to the Family Court and that their financial status has not changed since that time, or that they had retained counsel or appeared pro se in the Family Court, and listing their assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; 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 appeal to show cause why the appeal should or should not be dismissed. MATTER of Matthew Ayers, ap, v. Faith Babcock, res — Appeal by Matthew Ayers from an order of the Family Court, Orange County, dated June 24, 2019. By order on certification of this Court dated July 30, 2019, the following named attorney was assigned as counsel for the appellant on the appeal: Gary E. Eisenberg 10 Esquire Road, Suite 10 New City, NY 10956 845-634-0135 By letter dated September 3, 2019, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcript of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcript is 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or (3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated July 30, 2019, has been served upon the clerk of the court from which the appeal is taken, 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 above actions described in (1), (2), (3), or (4) 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 appeal to show cause why the appeal should or should not be dismissed. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Elijah Rivera, res, v. Miguel Diaz, ap — Appeals by Miguel Diaz from two orders of the Family Court, Westchester County, both dated August 6, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Dean M. Solomon, dated August 22, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeals and following named attorney is assigned as counsel to prosecute the appeals: Dean M. Solomon 351 Palmer Avenue, Suite 2R Mamaroneck, New York 10543 917-573-0601 ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 order; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this order, the assigned counsel 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 any Family Court proceeding to be transcribed for the appeals; or (2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeals; and it is further, ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this order, 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. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Michael Miller, ap, v. Ashley Thompson, res — Appeal by Michael Miller from an order of the Family Court, Richmond County, dated August 14, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Nina D. Spadafora, dated August 20, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: Paul W. Matthews 305 Broadway, Suite 801 New York, New York 10007 347-461-0760 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before September 26, 2019, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Shaherah Harkless, ap, v. Jorge Santos, res — V-7828-16, V7829-16) — Appeal by Shaherah Harkless from an order of the Family Court, Kings County, dated August 14, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Mindy L. Gress, dated August 28, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: Steven P. Forbes 155-03 Jamaica Avenue Jamaica, New York 11432 718-791-8444 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before September 26, 2019, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Boobacar R. (Anonymous). Administration for Childrens Services, petitioner-res, Curtis G. (Anonymous), res-res — (Proceeding No. 1) MATTER of Malia G. (Anonymous). Administration for Childrens Services, petitioner-res, Curtis G. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Curtis G. from two orders of the Family Court, Kings County, dated May 1, 2019, and May 31, 2019, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Sophia Bernhardt, dated August 23, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals: Christine Theodore 1 Hempstead Lane Spring Valley, NY 10977 845-300-8880 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before September 26, 2019, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeals, or (2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Princess A. E. (Anonymous). Administration for Children’s Services, petitioner- res, Shaleyah E. (Anonymous), respondent- ap — Appeal by Shaleyah E. from an order of the Family Court, Queens County, dated July 15, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Linda McCarthy, dated August 27, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: Catherine S. Bridge 1110 South Avenue, Ste 402 Staten Island, NY 10314 718-448-9600 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before September 26, 2019, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Jaysir K. R. (Anonymous). Administration for Childrens Services, petitioner-res, Wanda C. R. (Anonymous), res-res — Appeal by Wanda C. R. from an order of the Family Court, Queens County, dated August 5, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Suzanne Leinwand, dated August 29, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: Robin Stone Einbinder 155-03 Jamaica Avenue Jamaica, NY 11432 718-340-3226 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before September 26, 2019, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Mastro, J.P.; Roman, Connolly and Iannacci, JJ. Trafilos Stone, res, v. Pacific Park 535 Carlton, LLC ap — Motion by the appellants to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 30, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. MASTRO, J.P., ROMAN, CONNOLLY and IANNACCI, JJ., concur. By Mastro, J.P.; Roman, Connolly and Iannacci, JJ. Raymond Menna, ap, v. Mutual, Inc., res — Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 19, 2019, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of 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 denied. MASTRO, J.P., ROMAN, CONNOLLY and IANNACCI, JJ., concur. By Mastro, J.P.; Roman, Connolly and Iannacci, JJ. MATTER of Brett O’Reilly pet, v. Planning Board of the Inc. Village of Rockville Centre, res, J. Robert MacAneney, et al. nonparties. — Motion by J. Robert MacAneney and Grainne MacAneney for leave to appeal to this Court from an unsigned order to show cause, which was presented to the Supreme Court, Nassau County, dated June 17, 2019, and, inter alia, to stay all poceedings in the above-entitled matter, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further, ORDERED that the motion is otherwise denied as academic. MASTRO, J.P., ROMAN, CONNOLLY and IANNACCI, JJ., concur. By Mastro, J.P.; Roman, Connolly and Iannacci, JJ. Nancy Mozzachio, ap, v. Bruce Schanzer, res — Motion by the appellant to stay a certain arbitration proceeding between the parties pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 24, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. MASTRO, J.P., ROMAN, CONNOLLY and IANNACCI, JJ., concur. MATTER of M. (Anonymous), Darcy, ap — Administration for Childrens Services, petitioner- res, Gethylee C. (Anonymous), respondent- res — Appeal by Darcy M. from an order of the Family Court, Richmond County, dated June 28, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal 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 appeal; 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) 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. MATTER of Elliot M. Hirsch, ap, v. Isaac Kairey, res — Appeal by Elliot M. Hirsch from an order of the Family Court, Kings County, dated August 22, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal 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 appeal; 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 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 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 appeal to show cause why the appeal should or should not be dismissed. MATTER of Monica Busto Noguera, ap, v. Andres Loaiza res — Appeal by Monica Busto Noguera from an order of the Family Court, Queens County, dated July 31, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal 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 appeal; 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) 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Mastro, J.P.; Roman, Connolly and Iannacci, JJ. Pine Bush Central School District ap, v. Graphic Arts Mutual Insurance Company, res — Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Orange County, dated December 4, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. MASTRO, J.P., ROMAN, CONNOLLY and IANNACCI, JJ., concur. MATTER of G. (Anonymous), Jaheim. Administration for Childrens Services, res, Lisa G. (Anonymous), ap — Appeal by Lisa G. from an order of the Family Court, Kings County, dated July 26, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal 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 appeal; 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) 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. MATTER of Nora Salem, pet, v. Omar Salem, appellant; New York City Police Department, nonparty-res — Appeal by Omar Salem from an order of the Family Court, Kings County, dated July 29, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal 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 appeal; 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) 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Balkin, J.P.; Leventhal, Miller and Christopher, JJ. PEOPLE, etc., res, v. Michael Pettiford, ap — On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated August 26, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
