Opinion
2021-72614 Motion 2021-07011 2021-07037
10-04-2021
In the Matter of Joanna A. Riley-Jackson, appellant, v. Kasheena T. Walker, respondent. In the Matter of Kasheena T. Walker, respondent, v. Joanna A. Riley-Jackson, appellant. Docket Nos. O-03500-2020, O-03452-2020
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Appeals by Joanna A. Riley-Jackson from two orders of the Family Court, Orange County, both dated August 24, 2021.
On the Court's own motion, it is
ORDERED that the appeal from the order under Appellate Division Docket No. 2021-07037 is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the order granting her petition (see CPLR 5511); and it is further, ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeal under Appellate Division Docket No. 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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 Appellate Division Docket No.; 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeal Appellate Division Docket No., a motion in this Court for leave to prosecute that appeal 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 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 appeal Appellate Division Docket No.; 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 show cause why the appeal Appellate Division Docket No. should or should not be dismissed.
LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.