Opinion
2013-01412 Docket No. V-09270-05/08B V-09270-05/08C V-09271-05/08B V-09271-05/08C M152642
03-11-2013
In the Matter of Andres Cruz, appellant, v. Berta Cruz, respondent; Monica Cruz, et al., nonparty-appellants.
SCHEDULING ORDER
Appeal by Andres Cruz and separate appeal by Monica Cruz and Amanda Cruz from an order of the Family Court, Kings County, dated January 16, 2012. By order on certification of this Court dated February 20, 2013, the following attorney was assigned as counsel for the appellant Andre Cruz on the appeal:
Rhea G. Friedman, Esq.
By letter dated March 6, 2013, the assigned counsel has informed this Court that the appellant Andre Cruz wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal by Andre Cruz 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 proceeding to be transcribed for the appeal; 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 the order of this Court dated February 20, 2013, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal by Andre Cruz; 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 appeal to show cause why the appeal by Andre Cruz should or should not be dismissed.
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.