Appellate Division: Second Judicial Department

M152621

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-09985, 2013-01165 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket Nos. V-16300-1-10/10A, V-16300-1-10/11C, V-16300-1-10/11E, V-16300-1-10/11G, V-16300-1-10/11H, V-16300-1-10/11J, V-16300-1-10/12O, V-16384-5-10/10A, V-16384-5-10/10B, V-16384-5-10/10C, V-16384-5-10/10D, V-16384-5-10/11F, V-16384-5-10/11H, V-16384-5-10/11I, V-16384-5-10/11K, V-16384-5-10/11L, V-16384-5-10/11N) 2012-09986 In the Matter of Daniel A. Costigan, respondent, v Elizabeth A. Renner, appellant. (Docket Nos. V-10300-10/10A, V-10301-10/10A)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Kings County, dated September 28, 2012, October 2, 2012, and December 10, 2012, respectively, inter alia, to stay enforcement of the orders dated September 28, 2012, and October 2, 2012, pending hearing and determination of the appeals, for free transcripts, to waive the filing fee, for the assignment of counsel, and for an anonymous caption.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before April 9, 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 proceeding 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) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before April 9, 2013, as set forth above, the Court will dismiss the appeals, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court