Appellate Division: Second Judicial Department

M37551

M/nal

2006-02464, 2006-02465, 2004-02466, 2004-02467 In the Matter of Sheri Elledge, appellant-respondent, v Herbert Molzahn, respondent-appellant. (Proceeding No. 1) In the Matter of Herbert Molzahn, respondent-appellant, v Sheri Elledge, appellant-respondent. (Proceeding No. 2) (Docket No. V-1336-04, O-1377-04)

SCHEDULING ORDER

Appeals by Sheri Elledge from two orders of the Family Court, Orange County dated September 2, 2005, and February 2, 2006, respectively, and two orders of the same court both dated January 25, 2006, and cross appeal by Herbert Molzahn from the order dated February 2, 2006. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals and cross appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and the appellant-respondent or the respondent-appellant shall notify this court by letter of the date the transcripts are received, or, in cases where 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-respondent 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 proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation 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) an affidavit or an affirmation withdrawing the appeals and/or cross appeal; and it is further,

ORDERED that if none of the above 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 the court shall issue an order to all parties to the appeals to show cause why the appeals and/or the cross-appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.