Appellate Division: Second Judicial Department

M56609

M/cb

2007-03531 Claudia Ponti, appellant-respondent, v Michael H. Ponti, respondent-appellant. (Index No. 17475/04)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 23, 2007. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the cross appeal in the above-entitled action shall be perfected within 60 days after the receipt of the transcripts of the minutes of the action in the Supreme Court, or 60 days after the dated of this order if there are no minutes to be transcribed, and the cross-appellant shall notify this court by letter of the date the transcripts are received; and it is further,

ORDERED that within 30 days after the date of this scheduling order, Michael H. Ponti 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 cross-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 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 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 cross appeal by Michael H. Ponti 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.