| Matter of Bodkin v Kendall |
| Motion No: 2009-09331 |
| Slip Opinion No: 2009 NY Slip Op 85417(U) |
| Decided on October 8, 2009 |
| 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
M92921
M/cb
|
2009-09331
In the Matter of Thomas Bodkin, appellant-respondent, v Doreen Kendall, respondent-appellant. (Proceeding No. 1) In the Matter of Doreen Kendall, respondent-appellant, v Thomas Bodkin, appellant-respondent. (Proceeding No. 2) (Docket Nos. V-04993-08, V-07632-08)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Westchester County, dated September 1, 2009. 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-respondent of the transcripts of the minutes of the proceedings in the Family Court, and 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 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 the Family Court proceedings to be transcribed for the appeal and cross 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 in accordance with § 670.8(c) of the rules of this court (see 22 NYCRR 670.8[c]), the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal or cross appeal; 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 appeal to show cause why the appeal or cross 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.