People ex rel. Shirley X. S. (Anonymous) v Forrest
Motion No: 2011-08937
Slip Opinion No: 2011 NY Slip Op 92660(U)
Decided on December 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M129977

/ct

2011-08937

The People, etc., ex rel., Shirley X. S. (Anonymous),

appellant, v Forrest R. (Anonymous), respondent.

(Index No. 17631/11)

SCHEDULING ORDER

Appeal by Shirley X. S. from an order of the Supreme Court, Kings County, dated August 11, 2011. By decision and order on motion of this Court dated December 5, 2011, the following attorney was assigned as counsel for the appellant on the appeal:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, N.Y. 11963

631-514-5547

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 proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceeding in the Supreme Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes 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 Supreme 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 5, 2011, has been served upon the Clerk of the Court from which the appeals were 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 appeals to show cause why the appeal should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court