Opinion
Motion No: 2012-04795 2012-04797 Docket No. V-16300-10/12M V-16301-10/12M V-16384-10/12Q V16385-10/12Q M142371
08-17-2012
In the Matter of Elizabeth Renner, appellant, v. Daniel Costigan, respondent.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Appeals by Elizabeth Renner from two orders of the Family Court, Queens County, dated April 26, 2012, and April 27, 2012, respectively. By order to show cause dated July 20, 2012, 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 appeals in the above-entitled proceedings for failure to comply with a scheduling order dated May 31, 2012, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]). Motion by the appellant, inter alia, to return the subject children to her care and custody, for poor person relief, and for the assignment of counsel.
Upon the order to show cause and the papers filed response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated April 27, 2012 (Appellate Division Docket No. 2012-04797), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112); and it is further,
ORDERED that the motion to dismiss the appeals for failure to comply with the scheduling order dated May 31, 2012, is denied as academic with respect to the order dated April 27, 2012, and is otherwise denied; and it is further,
ORDERED that the appellant's motion is denied as academic with respect to the order dated April 27, 2012; and it is further,
ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeal from the order dated April 26, 2012, on the original papers is denied as unnecessary (see Family Ct Act § 1116), and that 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 nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the appellant's motion is otherwise denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before August 31, 2012, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the date the transcript has been paid for and the date by which the transcript is expected or an affidavit or an affirmation withdrawing the appeal from the order dated April 26, 2012; and it is further,
ORDERED that in the event the appellant fails to provide the affidavit or an affirmation as set forth above on or before August 31, 2012, the Court, on its own motion, will dismiss the appeal from the order dated April 26, 2012, without further notice.
DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court