| Matter of Notartomaso v Moran |
| Motion No: 2007-09143 |
| Slip Opinion No: 2008 NYSlipOp 65249(U) |
| Decided on February 29, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M66988
M/
|
2007-09143, 2007-09144, 2007-09145
In the Matter of Dominic H. Notartomaso, appellant, v Laura E. Moran, respondent. (Docket No. F-16440-04)
| SCHEDULING ORDER |
Appeals by Dominic H. Notartomaso from three orders of the Family Court, Suffolk County, one dated September 21, 2007, and two dated July 20, 2007. By decision and order on motion of this court dated January 17, 2008, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied with leave to renew on proper papers on or before February 21, 2008. The motion was not renewed. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 scheduling order, the appellant 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 the Family Court proceeding to be transcribed for the 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 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.
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.