Opinion
Motion No. 2023-01473 Docket Nos. V-14-2020/202A V-14-2020/2021B O-10-2022 O-17-2021
06-07-2023
In the Matter of Merry Eriksson, plaintiff-respondent v. Andrew Devlin, appellant-respondent; Eriksson D. (Anonymous), nonparty respondent-appellant.
Unpublished Opinion
MOTION DECISION
M289353 JV/
SCHEDULING ORDER
Appeal by Andrew Devlin and cross appeal by Eriksson D. from an amended order of the Supreme Court, Orange County (IDV Part), dated January 19, 2023. By decision and order on motion of this Court dated May 31, 2023, the following attorney was assigned as counsel for the appellant-respondent on the appeal:
Steven Feinman One North Broadway, Ste. 412 White Plains, NY 10601 914-949-8214
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 appellant-respondent of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant-respondent 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-respondent 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 Supreme 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal and cross appeal to show cause why the appeal should or should not be dismissed.