| Matter of Luna v Soliz |
| Motion No: 2011-02368 |
| Slip Opinion No: 2011 NY Slip Op 76985(U) |
| Decided on June 29, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M122111
/ct
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2011-02368 SCHEDULING ORDER In the Matter of Sandra Luna, respondent, v Wilson Soliz, appellant. (Docket No. F-20994-09/10A)
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Appeal by Wilson Soliz from an order of the Family Court, Suffolk County, dated January 7, 2011. By decision and order on motion of this Court dated June 23, 2011, those branches of the appellant's motion which were for free transcripts and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 order; and it is further,
ORDERED that within 30 days after the date of this order, the appellants 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 30 days of the date of this 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:
Matthew G. Kiernan
Clerk of the Court