Appellate Division: Second Judicial Department

M67698

M/

2007-10991, 2007-10992 In the Matter of Charles D. B. (Anonymous) II, respondent, v Marilyn Y. (Anonymous), appellant. (Matter No. 1) In the Matter of Marilyn Y. (Anonymous), appellant, v Mark Y. (Anonymous), respondent. (Matter No. 2) Marilyn C. Y (Anonymous), appellant, v Mark N. Y. (Anonymous), respondent. (Matter No. 3) (Docket Nos. P-05587-06, P-05586-06, Index No. 915/06)

SCHEDULING ORDER

Appeals by Marilyn C. Y. from two orders of the Supreme Court, Suffolk County, both dated October 19, 2007, respectively. By decision and order on motion of this court dated March 7, 2008, the following attorney was assigned as counsel on the appeals pursuant to Family Court Act §§ 262 and 1120 and Judiciary Law § 35:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

(631) 514-5547

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals 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 Supreme 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 30 days after the date of this scheduling 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 Supreme Court proceeding to be transcribed for the appeals; 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 March 7, 2008, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.