Appellate Division: Second Judicial Department

M107974

M/ct

2010-01499 In the Matter of Eric C. Powell, respondent, v Cecelia M. Hudock, appellant. (Docket Nos. V-04569-07, V-04568-07)

SCHEDULING ORDER

Appeal by Cecelia M. Hudock from an order of the Family Court, Dutchess County, dated December 11, 2009. By decision and order on motion of this court dated August 27, 2010, as amended August 31, 2010, the appellant's renewed motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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, 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 15 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 proceeding to be transcribed for the 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, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 15 days of the date of this scheduling order, the appeal may be dismissed.

ENTER:

Matthew G. Kiernan

Clerk of the Court