Opinion
2013-05324 2013-05326 2013-05327 2013-05328 Docket No. V-4222-11/13A V-4225-11/13A O-3463-11/13C M158541
06-27-2013
In the Matter of Benjamin Madden, Jr., appellant, v. Jennifer Ruskiewicz, respondent. (Proceeding Nos. 1, 2) In the Matter of Jennifer Ruskiewicz, respondent, v. Benjamin Madden, Jr., appellant. (Proceeding No. 3)
SCHEDULING ORDER
Appeals by Benjamin Madden, Jr., from three orders of the Family Court, Orange County, all dated April 26, 2013, and an order of the same court dated May 1, 2013. By order on certification of this Court dated June 13, 2013, the following attorney was assigned as counsel for the appellant on the appeals:
Neal D. Futerfas, Esq.By letter dated June 24, 2013, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
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ORDERED that the appeals 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 appeals; 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 June 13, 2013, has been served upon the clerk of the court from which the appeals is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals should or should not be dismissed.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.