Calligar v Calligar
Motion No: 2006-06030
Slip Opinion No: 2006 NYSlipOp 78769(U)
Decided on October 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M45340

M/mv

2006-06030

Kenneth Calligar, appellant-respondent,

v Keleen Calligar, respondent-appellant.

(Index No. 200159/02)

SCHEDULING ORDER

Appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated April 10, 2006. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the joint record and the appellant-respondent's brief in the above-entitled action shall be served and filed within 60 days after receipt of the transcripts of the minutes of the action in the Supreme Court, and the appellant-respondent shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the joint record and the appellant-respondent's brief shall be perfected 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-respondent or the respondent-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 in the Supreme Court action to be transcribed for the appeal; 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 appeal and/or the cross 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 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 and/or the cross appeal shall not be dismissed.

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.