Appellate Division: Second Judicial Department

M53409

M/mv

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. By order on certification of this court dated April 2, 2007, the following attorney was assigned as counsel for Tanya Schulthis-Devoe on the appeal:

Arza R. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, N.Y. 11556

516-522-2828

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

ORDERED that the appeal by Tanya Schulthis-Devoe in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Tanya Schulthis-Devoe of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for Tanya Schulthis-Devoe 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 for Tanya Schulthis-Devoe 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 Tanya Schulthis-Devoe; 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 Tanya Schulthis-Devoe; 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 Tanya Schulthis-Devoe to show cause why the appeal by Tanya Schulthis-Devoe should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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