Opinion
Motion Nos. 2022-08394 2022-08395 Docket No. O-946-2022
11-04-2022
In the Matter of Armando Martinez, respondent, v. Rae Salma Toussaint, appellant.
Unpublished Opinion
MOTION DECISION
M285772
SCHEDULING ORDER
Appeals by Rae Salma Toussaint from two orders of the Family Court, Kings County, both dated September 30, 2022. By order on certification of this Court dated October 24, 2022, the following attorney was assigned as counsel for the appellant on the appeals:
Elliot Green
32 Court Street, Suite 404
Brooklyn, NY 11201
718-260-8668
By letter dated October 28, 2022, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling 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 proceedings to be transcribed for the appeals; 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 October 24, 2022, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is 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 scheduling 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.