Appellate Division: Second Judicial Department

M155572

E/ct

2013-04557 In the Matter of Daria M. Sullivan, respondent-appellant, v Steven S. Plotnick, appellant-respondent. (Proceeding No. 1) In the Matter of Steven S. Plotnick, appellant-respondent, v Daria M. Sullivan, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-6682-04/07D, V-6683-04/07D, V-6682-04/10J, V-6683-04/10J, V-6682-04/12M, V-6683-04/112M, F-3561-07/11F)

SCHEDULING ORDER

Appeal by Steven S. Plotnick and cross appeal by Daria M. Sullivan from an order of the Family Court, Nassau County, dated April 5, 2013. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Steven S. Plotnick shall perfect his appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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 in the event that Steven S. Plotnick does not perfect his appeal Daria M. Sullivan shall perfect her appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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, each party 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 and cross 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) if a party is indigent and cannot afford to obtain the minutes or prosecute the appeal or cross appeal, a motion in this Court for poor person relief and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the party, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if either party does not take one of the actions described in (1), (2), (3), (4), or (5) above within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal and cross appeal to show cause why the appeal or cross appeal should or should not be dismissed.

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.