Opinion
Motion No. 2024-11124 Index No. 200370/2017
11-13-2024
Fotini F. Rose Eloise Pettei, appellant, v. Michael Edward Pettei, respondent.
Unpublished Opinion
MOTION DECISION
M300634
SCHEDULING ORDER
Appeal by Fotini F. Rose Eloise Pettei from an order of the Supreme Court, Nassau County, dated June 25, 2024. By order on certification of this Court dated November 6, 2024, the following attorney was assigned as counsel for the appellant on the appeal with respect to issues of custody and visitation:
Steven A. Feldman
1129 Northern Boulevard, Suite 404
Manhasset, NY 11030
516-441-0452
By letter dated November 7, 2024, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal with respect to issues of custody and visitation. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeal with respect to issues of custody and visitation 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 Supreme 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 Supreme Court proceedings to be transcribed for the appeal with respect to issues of custody and visitation; 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 November 6, 2024, 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 with respect to issues of custody and visitation; 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal with respect to issues of custody and vistation should or should not be dismissed.