Opinion
Motion No. 2023-11603 Docket No. V-5740-2014/2023E
12-27-2023
In the Matter of Frederick A. Myers, Respondent, v. Tabitha A. Denning, Appellant.
Unpublished Opinion
MOTION DECISION
M293238
SCHEDULING ORDER
Appeal by Tabitha A. Denning from an order of the Family Court, Dutchess County, dated October 27, 2023. By order on certification of this Court dated December 18, 2023, the following attorney was assigned as counsel for the appellant on the appeal:
Yasmin Daley Duncan
386 Parkside Avenue
Brooklyn, NY 11226
866-565-3441
By letter dated December 21, 2023, the assigned counsel has informed this Court that the appellant wishes to proceed with 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 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 Acting Clerk of this Court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any 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 received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated December 18, 2023, has been served 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 above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Acting 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.