Appellate Division: Second Judicial Department

M144269

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-03527, 2012-03531, 2012-03533 In the Matter of Aaron Goldring, appellant, v Joseph Sprei, respondent. (Proceeding No. 1) In the Matter of Aaron Goldring, appellant, v Chaim Hersh Kahan, respondent. (Proceeding No. 2) In the Matter of Aaron Goldring, appellant, v Moshe Goldberger, respondent. (Proceeding No. 3) (Docket Nos. O-26846/11, O-31021/11, O-32393/11)

DECISION & ORDER ON MOTION

Appeals by Aaron Goldring from three orders of the Family Court, Kings County, dated February 9, 2012, March 20, 2012, and March 21, 2012, respectively. By order to show cause dated August 6, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated May 23, 2012, to perfect the appeals on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeals.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that the appeals 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 proceedings in the Family Court, and the assigned counsel 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, 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 Family Court proceeding to be transcribed for the appeals; 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 on certification of this Court dated May 23, 2012, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 decision and order on motion, 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.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court