Opinion
Motion No. 2023-03177 Docket No. V-4824-2016/2022A
04-28-2023
In the Matter of Elisa Ford, respondent, v. Daniel DeGroat, Jr., appellant; Briana P. (Anonymous), nonparty-appellant.
Unpublished Opinion
MOTION DECISION
M288712 JV/
SCHEDULING ORDER
Appeal by Daniel DeGroat, Jr., and separate appeal by Briana P. from an order of the Family Court, Orange County, dated March 15, 2023. By order on certification of this Court dated April 10, 2023, the following attorney was assigned as counsel for the appellant Daniel DeGroat, Jr., on the appeals:
Samuel Coe
50 Main Street, Suite 1000
White Plains, NY 10606
845-393-4263
By letter dated April 25, 2023, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeal of Daniel DeGroat, Jr., 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 Daniel DeGroat, Jr. 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 appeals; 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 of Daniel DeGroat, Jr.; 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 appeals to show cause why the appeal of Daniel DeGroat, Jr. should or should not be dismissed.