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Raspberry v. Fernandez

Supreme Court of New York, Second Department
Feb 10, 2023
2023 N.Y. Slip Op. 61909 (N.Y. App. Div. 2023)

Opinion

Motion No 2023-01160 Docket No. F-13453-2020

02-10-2023

In the Matter of Randi Nicole Raspberry, respondent, v. Juan Jose Gilbert Fernandez, appellant.


Unpublished Opinion

MOTION DECISION

M287320

SCHEDULING ORDER

Appeal by Juan Jose Gilbert Fernandez from an order of the Family Court, Suffolk County, dated October 14, 2022. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 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 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 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 to show cause why the appeal should or should not be dismissed.


Summaries of

Raspberry v. Fernandez

Supreme Court of New York, Second Department
Feb 10, 2023
2023 N.Y. Slip Op. 61909 (N.Y. App. Div. 2023)
Case details for

Raspberry v. Fernandez

Case Details

Full title:In the Matter of Randi Nicole Raspberry, respondent, v. Juan Jose Gilbert…

Court:Supreme Court of New York, Second Department

Date published: Feb 10, 2023

Citations

2023 N.Y. Slip Op. 61909 (N.Y. App. Div. 2023)