Appellate Division: Second Judicial Department

M61772

M/cb

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-05781 In the Matter of Delcame Barnes, appellant, v Richard Barnes, respondent. (Docket No. O-20309-05)

DECISION & ORDER ON MOTION

Appeal by Delcame Barnes from an order of the Family Court, Suffolk County, dated June 4, 2007. By decision and order on motion of this court dated August 10, 2007, the following attorney was assigned as counsel on the appeal:

Gina Scelta, Esq.

P.O. Box 407

Centerport, N.Y. 11721

631-547-6973

By order to show cause dated September 24, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding and relieving the assigned counsel on the ground that assigned counsel notified the court that she had been unable to contact the appellant. Assigned counsel has submitted an affirmation in which she indicates that she has reached the appellant and that the appellant wishes to prosecute the appeal.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is further,

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 20 days after the date of this order, the assigned counsel 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 August 10, 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 20 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.

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

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.