Opinion
Motion No: 2011-05130 M126504 Docket No. V-4893-10/A, B & D V-4894-10/A, B & D V-4895-10/A, B & D
09-30-2011
In the Matter of Karen Hensley, petitioner-appellant, v. Maurice v. Gill, respondent; Diane B. Groom, attorney for the children, nonparty-appellant.
, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Separate appeals by Karen Hensley and Diane B. Groom, attorney for the children, from an order of the Family Court, Suffolk County, dated May 4, 2011. By order to show cause dated July 21, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Karen Hensley in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the nonparty-appellant to be furnished with transcripts, without charge.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the nonparty-appellant and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appeal by Karen Hensley is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 9, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,
ORDERED that the motion by the nonparty-appellant is granted, and the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any; 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 nonparty-appellant's, 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 nonparty-appellant's. The nonparty-appellant's is directed to provide copies of said transcripts to all of the other parties when counsel serves the nonparty-appellant's brief upon those parties; and it is further,
ORDERED that the nonparty-appellant's is directed to serve a copy of this order upon the Clerk of the Family Court, Suffolk County.
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court