Appellate Division: Second Judicial Department

M123184

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-03503, 2011-03504 In the Matter of Michael A. Jones, petitioner, v Elizabeth Canales, respondent-respondent; Kerry Sloane Bassett, nonparty-appellant. (Docket No. V-5359-08/10B)

DECISION & ORDER ON MOTION

Appeals by the nonparty-appellant from two orders of the Family Court, Suffolk County, both dated April 7, 2011. By decision and order on motion dated April 28, 2011, as amended June 13, 2011, this Court (1) directed that residential custody of the subject child was to continue with the petitioner father, (2) prohibited the respondent mother from having overnight visitation with the subject child or allowing any contact between the subject child and the mother's paramour and his family, and (3) prohibited either parent from removing the subject child from Nassau County or Suffolk County, pending hearing and determination of the appeals, on condition that the record or appendix on the appeals from the orders and the nonparty-appellant's brief was filed and served pursuant to CPLR 2103(b)(1) or (3) on or before July 11, 2011. The nonparty-appellant has not perfected the appeals as set forth in the decision and order on motion of this Court dated April 28, 2011, as amended June 13, 2011.

Now, on the Court's own motion, it is

ORDERED that the provisions of the order dated April 28, 2011, which (1) directed that residential custody of the subject child was to continue with the petitioner father, (2) prohibited the respondent mother from having overnight visitation with the subject child or allowing any contact between the subject child and the mother's paramour and his family, and (3) prohibited either parent from removing the subject child from Nassau County or Suffolk County are vacated; and it is further,

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the nonparty-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the nonparty-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 30 days after the date of this scheduling order, the nonparty-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 proceedings to be transcribed for the appeals; 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 appeals; and it is further,

ORDERED that if none of the 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.

COVELLO, J.P., ENG, CHAMBERS and MILLER, JJ., concur.

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.