Opinion
Motion No. 2022-10599 Docket No. B-13517-2018/2020A
01-20-2023
In the Matter of Amir E. (Anonymous), respondent-appellant. Westchester County Department of Social Services, petitioner-respondent; Audrianna W. (Anonymous), respondent-appellant-respondent, et al., nonparty.
Unpublished Opinion
MOTION DECISION
SCHEDULING ORDER
Appeal by Audrianna W. and cross appeal by Amir E. from an order of the Family Court, Westchester County, dated December 12, 2022. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the cross appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 respondent-appellant 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 appeal and cross 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 cross 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 Clerk of this Court shall issue an order to all parties to the appeal and cross appeal to show cause why the cross appeal should or should not be dismissed.