Appellate Division: Second Judicial Department

M42989

M/mv

2006-02195 In the Matter of Ann Penninipede, petitioner- appellant, v Nicholas C. Penninipede, respondent; John M. Zenir, nonparty-appellant. (Docket No. O-09645-04)

SCHEDULING ORDER

Separate appeals by the petitioner Ann Penninipede and the law guardian from an order of the Family Court, Nassau County, dated February 3, 2006. By decision and order on motion of this court dated July 31, 2006, the following attorney was assigned as counsel on the appeal of the appellant Ann Penninipede:

Ralph Carrieri, Esq.

200 Old Country Road - Suite 620

Mineola, New York 11501

(516) 248-1188

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding 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 Family Court, and the assigned counsel 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 assigned counsel for the appellant Ann Penninipede 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 Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated July 31, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Ann Penninipede; 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 appeal to show cause why the appeal of Ann Penninipede should or should 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.