Appellate Division: Second Judicial Department

M41779

M/mv

2006-01667, 2006-03306 Avraham Levi, appellant, v Sigal Levi, respondent. (Index No. 043247/01)

SCHEDULING ORDER

Appeals by Avraham Levi from a decision of the Supreme Court, Kings County, dated September 21, 2005, and a judgment of the same court dated November 28, 2005. By decision and order of this court dated June 27, 2006, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the 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 15 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 Supreme Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have 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 transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 15 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 should or should not be dismissed.

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