Appellate Division: Second Judicial Department

M60618

M/cb

2007-04612 In the Matter of Gustan G. (Anonymous), appellant. (Docket No. D-01898-07)

SCHEDULING ORDER

ORDERED that the scheduling order dated September 13, 2007, in the above-entitled matter is recalled and vacated and the following scheduling order is substituted therefor:

Appeal by Gustan G. from an order of the Family Court, Kings County, dated April 16, 2007. By decision and order on motion of this court dated September 21, 2007, the following attorney was assigned as Law Guardian on the appeal:

Leighton Jackson, Esq.

315 Bleecker Street, Suite 259

New York, N. Y. 10014

646-290-7857

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 law guardian of the transcripts of the minutes of the proceedings in the Family Court, and the law guardian 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 15days 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; 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 September 21, 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; 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court