Appellate Division: Second Judicial Department

M130303

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-10726 Wendy T.-H. (Anonymous), respondent-appellant, v Kentaro H. (Anonymous), appellant-respondent. (Index No. 201729/05)

DECISION & ORDER ON MOTION

Appeal by Kentaro H. and cross appeal by Wendy T.-H. from an order of the Supreme Court, Nassau County, dated November 14, 2011.

On the Court's own motion, it is

ORDERED that the notices of appeal and cross appeal are treated as applications for leave to appeal from the order dated November 14, 2011, and leave to appeal is granted (see CPLR 5520[b]); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled action shall be perfected within 60 days after the appellant-respondent receives the transcripts of the minutes of the action in the Supreme Court, and the appellant-respondent shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 appellant and the respondent-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 in the Supreme Court action to be transcribed for the appeal and cross 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 or cross 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 and cross appeal to show cause why the appeal or cross appeal should or should not be dismissed.

HALL, J.P., AUSTIN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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