Appellate Division: Second Judicial Department

M152120

T/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-10045 In the Matter of Vincent Alfred Marino, appellant, v Debra Marino, respondent. (Docket No. O-17454-12)

DECISION & ORDER ON MOTION

Appeal by Vincent Alfred Marino from an order of the Family Court, Kings County, dated October 1, 2012. By order to show cause dated January 18, 2013, 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 December 18, 2012, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.

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 the appeal in the above-entitled proceeding 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 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 on certification of this Court dated May 23, 2012, has been served upon the clerk of the court from which the appeal is 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court