Appellate Division: Second Judicial Department

M84514

E/cb

2009-00374, 2009-00376 In the Matter of David Garcia, appellant, v Cindy Becerra, respondent. (Docket Nos. V-01706-05, V-03099-06)

SCHEDULING ORDER

Appeals by David Garcia from two orders of the Family Court, Queens County, both dated December 18, 2008. By order on certification of this court dated March 17, 2009, the following attorney was assigned as counsel on the appeals:

Dawn Shammas, Esq.

89-31 161st Street, Suite 810

Jamaica, New York 11432

(917) 609-2975

By letter dated March 20, 2009, assigned counsel has notified this court that the appellant wishes to pursue the appeals. 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 30 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 proceedings to be transcribed for the appeals; 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 the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.