Opinion
Motion No: 2012-03897 2012-03898 Docket No. O-2024-12 O-2024-12/12A O-3245-12 M139683
07-10-2012
In the Matter of Cesar Alfonso Saldivar, appellant, v. Nikens Cabrera, respondent. (Appeal No. 1) In the Matter of Nikens Cabrera, respondent, v. Cesar Alfonso Saldivar, appellant. (Appeal No. 2)
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
ORDER ON CERTIFICATION
Assignment of Counsel
Appeals by Cesar Alfonso Saldivar from two orders of the Family Court, Queens County, dated March 20, 2012, and March 30, 2012, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Anne M. Serby, Esq., dated June 20, 2012, it is
ORDERED that the following named attorney is assigned as counsel to prosecute the appeals:
Anne M. Serby, Esq.
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the Court from which the appeals are taken; and it is further,
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, in cases where 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 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 proceeding to be transcribed for the appeals; 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 this order has been served upon the Clerk of the Court from which the appeals are taken, the date thereof, and the date by which the transcripts are 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 the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
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.