Opinion
Motion No: 2011-09804 Docket No. V-3167-07/10E V-3168-07/10E V-3171-07/10C V-3172-07/10C M132611
02-03-2012
In the Matter of Rebecca L. DiBenedetto, appellant, v. Linda M. DiBenedetto, et al., respondents. (Proceeding No. 1) In the Matter of Vincent S. DiBenedetto, petitioner-respondent, v. Rebecca L. DiBenedetto, appellant, Linda M. DiBenedetto, et al., respondents-respondents. (Proceeding No. 2)
SCHEDULING ORDER
Appeal by Rebecca L. DiBenedetto from an order of the Family Court, Suffolk County, dated September 28, 2011. By decision and order on motion dated January 31, 2012, the appellant's motion for poor person relief was granted. 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 proceedings shall be perfected either within 60 days after the receipt by the appellant's counsel of the transcripts of the minutes of the proceedings in the Family Court, and the appellant's 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 scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant's 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 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 the order of this Court dated January 31, 2012, has been served upon the Clerk of the Court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
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.