Appellate Division: Second Judicial Department

M114586

/ct

2010-11227, 2011-00377 In the Matter of Kellie Williams, respondent, v Erik Dowgiallo, appellant. (Docket No. V-4325/10)

SCHEDULING ORDER

Appeals by Erik Dowgiallo from two orders of the Family Court, Suffolk County, dated November 8, 2010, and November 24, 2010. By decisions and orders on motion dated January 6, 2011, and February 1, 2011, respectively, the following attorney was assigned as counsel for the appellant on the appeals:

Anna Martin, Esq.

250 Montauk Highway

East Moriches, New York 11940

(718) 878-3352

Pursuant to Rule 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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the orders of this Court dated January 6, 2011, and February 1, 2011, have been served upon the Clerk of the Court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

ORDERED that if none of the above 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:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.