Opinion
Motion No. 2023-06471 Index Nos. 719544/2020O-00012-2021
11-20-2023
Unpublished Opinion
MOTION DECISION
M292380
JV/SCHEDULING ORDER
Appeal from a decision of the Supreme Court (IDV Part), Queens County, dated May 1, 2023. 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 actions shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court (IDV Part), 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 Acting Clerk of this Court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court (IDV Part) 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 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.