Appellate Division: Second Judicial Department

M70381

M/cb

2008-02804 In the Matter of Mark E. Arduino, Sr., respondent-appellant, v Maritza Ayuso, appellant-respondent. (Proceeding No. 1) In the Matter of Maritza Ayuso, appellant-respondent, v Mark E. Arduino, Sr., respondent-appellant. (Proceeding No. 2) (Docket Nos. O-12521-04, O-12858-04, V-122-00, V-123-00, V-124-00, V-323-00, V-323-00, V-324-00, V-05386-06, O-13887-06, O-14257-06, V-13891-06, V-13892-06, V-13893-06, V-14261-06, V-14262-06, V-14263-06, V-14624-06, V-1488-08, V-1489-08, O-15858-07, V-15852-07, V015859-07

SCHEDULING ORDER

Appeal and cross appeal from an order of the Supreme Court, Westchester County, (IDV Part), dated February 29, 2008. By order on certification of this court dated April 9, 2008, the following attorney was assigned as counsel for the appellant-respondent on the appeal:

Cheryl Charles Duval, Esq.

44 Court Street - Suite 909

Brooklyn, New York 11201

(718) 522-7472

By letter dated May 8, 2008, the assigned counsel has informed this court that the appellant-respondent wishes to proceed with the appeal. 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 assigned counsel for the appellant-respondent of the transcripts of the minutes of the proceedings in the Supreme Court, and the assigned counsel for the appellant-respondent 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 the appellant-respondent 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 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 April 9, 2008, 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 by the appellant-respondent; 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 to show cause why the appeal of the appellant-respondent 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.