| Matter of Mullings v Foster |
| Motion No: 2006-03271 |
| Slip Opinion No: 2006 NYSlipOp 73465(U) |
| Decided on July 31, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42661
M/
|
2006-03271
In the Matter of Loxley Mullings, respondent, v Codean Foster, appellant. (Docket Nos. V-17214-05, V-17215-05)
| SCHEDULING ORDER |
Appeal by Codean Foster from an order of the Family Court, Queens County, dated February 24, 2006. By decision and order of this court dated July 18, 2006, the following attorney was assigned as counsel on the appeal:
Steven Forbes, Esq.
90-50 Parsons Blvd., Suite 401
Jamaica, N.Y. 11432
718-791-8444
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 30 days after the date of this scheduling order, the assigned counsel 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 18, 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; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) 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 appeal to show cause why the appeal should or should not be dismissed.
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.