Appellate Division: Second Judicial Department

M62179

M/cb

2007-05170 In the Matter of Mark LaBorde, appellant-respondent, v Denise Pennington, respondent, Catherine Pennington, respondent-appellant. (Proceeding No. 1) In the Matter of Denise Pennington, respondent, v Mark LaBorde, appellant. (Proceeding No. 2) In the Matter of Catherine Pennington, respondent-appel v Mark LaBorde, appellant-respondent. (Proceeding No. 3) (Docket Nos. V-1825-06, V-1826-06, V-10430-04, V-4123-01)

SCHEDULING ORDER lant,

Appeal by Mark LaBorde and cross appeal by Catherine Pennington from an order of the Family Court, Westchester County, dated May 8, 2007. By decision and order on motion of this court dated September 24, 2007, the following attorney was assigned as counsel for Catherine Pennington on her cross appeal:

David M. Rosoff

550 Mamaroneck Avenue, Suite 305

Harrison, N.Y. 10528

914-835-6700

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 proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Catherine Pennington of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel for Catherine Pennington 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 Catherine Pennington 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 cross 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 24, 2007, has been served upon the clerk of the court from which the cross appeal is taken, the date thereof, and the date by which the transcripts are 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 and cross appeal to show cause why the cross appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court