| Matter of Heuser v Chavez |
| Motion No: 2012-03993 |
| Slip Opinion No: 2013 NY Slip Op 62232(U) |
| Decided on January 22, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M150074
E/sl
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-03993 In the Matter of Kristina S. Heuser, appellant, v Gregory Chavez, respondent. (Proceeding No. 1) In the Matter of Gregory Chavez, respondent, v Kristina S. Heuser, appellant. (Proceeding No. 2) (Docket Nos. F-8613-08/10E, F-8613-08/10F, F-8613-08/10G)
| DECISION & ORDER ON MOTION |
Appeal by Kristina S. Heuser from an order of the Family Court, Nassau County, dated March 13, 2012. By order to show cause dated December 19, 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 dismissing the appeal in the above-entitled proceedings for failure to comply with a decision and order on motion of this Court dated November 8, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), on or before February 21, 2013, the 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 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; and it is further,
ORDERED that if the appellant fails to file the affidavit or affirmation on or before February 21, 2013, as set forth above, the Court will dismiss the appeal, without further notice.
BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.