Opinion
Motion Nos. 2023-08710 2023-08711 Docket No. O-23467-2019
10-02-2023
In the Matter of Lissete Nunez, respondent-appellant, v. Brian A. Spellen, appellant-respondent.
Unpublished Opinion
MOTION DECISION
M291371
SCHEDULING ORDER
Appeals by Brian A. Spellen and cross-appeals by Lissete Nunez from two orders of the Family Court, Queens County, both dated August 3, 2023. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the cross-appeals 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 cross-appeals; 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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the cross-appeals, a motion in this Court for leave to prosecute the cross-appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the respondent-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the cross-appeals; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 appeals and cross-appeals to show cause why the cross-appeals should or should not be dismissed.