Appellate Division: Second Judicial Department

M54119

M/cb

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-02233 In the Matter of Kenneth Alfano, et al., petitioners-respondents, v Tanya Schulthis-Devoe, appellant; Michael S. Bromberg, nonparty-appellant. (Proceeding No. 1) In the Matter of Celia Alfano, petitioner, v Tanya Schulthis-Devoe, respondent. (Proceeding No. 2) (Docket Nos. V-8563-06, V-10520-06, V-10521-06)

SCHEDULING ORDER

Separate appeals by Tanya Schulthis-Devoe and the Law Guardian from an order of the Family Court, Suffolk County, dated December 1, 2006. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal by the law guardian in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the law guardian of the transcripts of the minutes of the proceedings in the Family Court, and they 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 law guardian 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 by the law guardian; 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 April 2, 2007, 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 by the law guardian; 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 by the law guardian to show cause why the appeal by the law guardian should or should not be dismissed.

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court