Appellate Division: Second Judicial Department

M140583

E/ct

2012-06102 In the Matter of Aizhen Lin, respondent, v Zhenjian Zheng, appellant; Kevin Zheng, et al., nonparty-appellants. (Docket Nos. V-35906-04, V-35907-04, V-35906-04/10C, V-35907-04/10C)

SCHEDULING ORDER

Separate appeals by Zhenjian Zheng, and Kevin Zheng and Jenny Lin from an order of the Family Court, Kings County, dated May 23, 2012. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Zhenjian Zheng shall perfect his appeal in the above-entitled proceedings within 60 days after his receipt of the transcripts of the minutes of the proceedings in the Family Court, and he shall notify this Court by letter of the date the transcripts are received, or, if 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, Zhenjian Zheng 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) if Zhenjian Zheng is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by his affidavit, stating either that he qualified for assigned counsel upon application to the Family Court and that his financial status has not changed since that time, or that he had retained counsel or appeared pro se in the Family Court, and listing his assets and income; or

(5) an affidavit or an affirmation withdrawing his appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 by Zhenjian Zheng should or should not be dismissed.

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.