Appellate Division: Second Judicial Department

M81183

M/cb

2008-10940, 2008-10942 In the Matter of Timothy Lee, respondent, v Maryfaith Decker, appellant. (Proceeding No. 1) In the Matter of Maryfaith Decker, appellant, v Timothy Lee, respondent. (Proceeding No. 2) (Docket Nos. V-12403-03, V-12404-03, V-12475-03, V-12476-03)

SCHEDULING ORDER

Appeals by Maryfaith Decker from an order and an amended order of the Family Court, Queens County, both dated October 22, 2008. By decision and order on motion of this court dated January 12, 2009, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 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 20days 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 appeals; or

(2) if there are such minutes, an affidavit or affirmation that any transcripts have been received, and indicating the date that they were received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which they 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 appeals 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.