Musachio v. Musachio

Full title: Mark Musachio, respondent, v. Annmarie Musachio, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 21, 2012

2012 N.Y. Slip Op. 67925 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-01689 Index No. 21672-04 M135183

03-21-2012

Mark Musachio, respondent, v. Annmarie Musachio, appellant.

WILLIAM F. MASTRO

, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the scheduling order dated March 14, 2012, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Annmarie Musachio from a judgment of the Supreme Court, Suffolk County, entered December 29, 2011. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation 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 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 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 appeal should or should not be dismissed.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

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.