Appellate Division: Second Judicial Department

M97598

M/cb

2009-10100 In the Matter of Leonie J. Spencer, appellant, v Ronald A. Spencer, respondent. (Docket No. O-28026-09)

SCHEDULING ORDER

Appeal by Leonie J. Spencer from an order of the Family Court, Kings County, dated September 28, 2009. By decision and order on motion of this court dated January 19, 2010, the appellant's motion to be provided with the transcripts of the proceeding free of charge was granted. 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 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; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court an affirmation or an affidavit stating that the transcripts have been received, or that the order of this court dated January 19, 2010, 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 an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described above, has been taken within 20 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 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.