Opinion
Motion No. 2023-08140 Docket Nos. V-6998-2019 V-10574-2019
10-11-2023
In the Matter of Emmanuel Alexander Mendoza, appellant, v. Madelyn Riera, respondent.
Unpublished Opinion
MOTION DECISION
SCHEDULING ORDER
Appeal by Emmanuel Alexander Mendoza from an order of the Family Court, Queens County, dated July 27, 2023. By order on certification of this Court dated October 2, 2023, the following attorney was assigned as counsel for the appellant on the appeal:
Paul W. Matthews
50 Garretson Lane
Staten Island, NY 10304
347-461-0760
By letter dated October 5, 2023, 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 is
ORDERED that the appeal 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 Acting 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 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 October 2, 2023, 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 scheduling order, the Acting 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.