Opinion
Motion No: 2011-09707 Docket No. V-18919/08 M133127
02-15-2012
In the Matter of Jonathan Guzman, respondent, v. Rosa Pizarro, appellant.
, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Appeal by Rosa Pizarro from an order of the Family Court, Kings County, dated September 26, 2011. By order to show cause dated January 4, 2012, the parties or their attorneys were directed to show cause why an order should or should not be made and entered relieving the attorney assigned by an order on certification of this Court dated November 10, 2011, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal. By letter dated January 11, 2012, the attorney assigned on certification states that he has contacted the appellant, who wishes to pursue the appeal.
Now, on the Court's own motion and the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding 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 decision and order on motion; and it is further,
ORDERED that within 20 days after the date of this decision and order on motion, 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 on certification of this Court dated November 10, 2011, 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; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court