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Simmons v. Peets

Supreme Court of New York, Appellate Division, Second Department
Oct 15, 2021
No. 2021-04002 (N.Y. App. Div. Oct. 15, 2021)

Opinion

2021-04002 2021-04038 V-2574-2018/2019G V-03142-2018/2019G

10-15-2021

In the Matter of Nikia Simmons, respondent, v. Nichole C. Peets, appellant.


M279636 AFA/

SCHEDULING ORDER

Appeals by Nichole C. Peets from two orders of the Family Court, Nassau County, dated May 25, 2021, and March 29, 2021, respectively. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeals in the above-entitled proceedings 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 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 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, as set forth in the decision and order decided herewith; or
(5) an affidavit or an affirmation withdrawing the 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 to show cause why the appeals should or should not be dismissed.


Summaries of

Simmons v. Peets

Supreme Court of New York, Appellate Division, Second Department
Oct 15, 2021
No. 2021-04002 (N.Y. App. Div. Oct. 15, 2021)
Case details for

Simmons v. Peets

Case Details

Full title:In the Matter of Nikia Simmons, respondent, v. Nichole C. Peets, appellant.

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Oct 15, 2021

Citations

No. 2021-04002 (N.Y. App. Div. Oct. 15, 2021)