Appellate Division: Second Judicial Department

M117662

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-11395 In the Matter of Cheryl McBryde, appellant, v Ainsley Bodden, respondent. (Docket Nos. V-11079/04, V-17200/07, V-17421/07)

DECISION & ORDER ON MOTION

Appeal by Cheryl McBryde from an order of the Family Court, Kings County, dated September 10, 2010. By order to show cause dated February 18, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered relieving counsel assigned by order on certification of this Court dated December 23, 2010, to perfect the appeal on behalf of the appellant on the ground that the attorney has been unable to contact the appellant, and dismissing the appeal.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this 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 order of this Court dated December 23, 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

(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 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 should or should not be dismissed.

RIVERA, J.P., DICKERSON, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.