Opinion
Motion No. 2022-08075 Docket No. V-357-2022
03-17-2023
In the Matter of Abdul H. Mills, appellant, v. Michelle Janette Holley, respondent.
Unpublished Opinion
MOTION DECISION
M287895
SCHEDULING ORDER
Appeal by Abdul H. Mills from an order of the Supreme Court, Kings County (IDV Part), dated July 27, 2022. By decision and order on motion of this Court decided herewith, the appellant is being granted leave to prosecute the appeal as a poor person and is being assigned counsel to prosecute the appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeal 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 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; 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 assigned counsel served a copy of the decision and order on motion of this Court granting poor person relief to the appellant and assigning counsel upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the 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 to show cause why the appeal should or should not be dismissed.