Appellate Division: Second Judicial Department

M97937

M/ct

2009-11772 v Jesus Morocho, appellant-respondent. (Index No. 1044/08)

SCHEDULING ORDER Saida Morocho, respondent-appellant,

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 18, 2009 . Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the joint record and the appellant-respondent's brief in the above-entitled action shall be served and filed within 60 days after receipt of the transcripts of the minutes of the action in the Supreme Court, and the appellant-respondent shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the joint record and the appellant-respondent's brief shall be perfected 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 or the respondent-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 in the Supreme Court action to be transcribed; 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, the date thereof and the date by which the transcript is expected; or

(4) if either of the parties is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the party, stating either that he or she qualified for assigned counsel upon application to the Supreme Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Supreme Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal and/or cross appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 and/or the cross appeal shall or shall 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.