Motion List released on: November 30, 2018
By Austin, J.P.; Cohen, Duffy and Iannacci, JJ.MATTER of Andrew Smith, ap, v. Anthony J. Annucci, etc., res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated June 30, 2016, as a poor person, for the assignment of counsel, and to extend the time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary as leave to prosecute the appeal on the original papers was granted by decision and order on motion of this Court dated August 10, 2018; and it is further,ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is extended until December 31, 2018; and it is further,ORDERED that no further extension of time shall be granted.AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.MATTER of Khanom Roz Hamrahi, ap, v. Cynthia J. Brock, res — Appeal by Khanom Roz Hamrahi from an order of the Family Court, Nassau County, dated October 16, 2018. By order on certification of this Court dated November 9, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Arza R. Feldman626 RXR Plaza, West Tower, 6th FloorUniondale, NY 11556516-522-2828By letter dated November 26, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it isORDERED that the appeal in the above-entitled proceeding 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 ; 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 November 9, 2018, 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.MATTER of Aryelle L. F. (Anonymous). Forestdale, Inc., res, Esperanza F. F. (Anonymous), etc., appellant res — Appeal by Esperanza F. F. from an order of the Family Court, Queens County, dated May 4, 2018. Pursuant to §670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.5[e][1]) and by serving and filing the appellant’s brief on the appeal is extended until December 26, 2018.MATTER of Scott I. R. (Anonymous), Jr. Heartshare St. Vincents Services, pet-res, et al., petitioner; Jennifer M. I. (Anonymous), res-res — Appeal by Jennifer M. I. from an order of the Family Court, Queens County, dated September 10, 2018. By order on certification of this Court dated November 1, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Heath J. Goldstein90-50 Parsons Blvd., Suite 216Jamaica, NY 11432646-436-1052By letter dated November 26, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it isORDERED that the appeal in the above-entitled proceeding 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 ; 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 November 1, 2018, 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.
