| Matter of Goutevenier v Dixon |
| Motion No: 2013-01525 |
| Slip Opinion No: 2013 NY Slip Op 77380(U) |
| Decided on June 20, 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
M158204
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
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2013-01525 In the Matter of Elizabeth A. Goutevenier, respondent, v Peter K. Dixon, appellant. (Proceeding No. 1) In the Matter of Peter K. Dixon, appellant, Elizabeth A. Goutevenier, respondent. (Proceeding No. 2) (Docket Nos. F-4540-07/12I, F-4540-07/12H)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated December 14, 2012, for leave to reargue those branches of his prior motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel, which were determined by decision and order on motion of this Court dated April 30, 2013.
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]), within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following, and that branch of the motion is otherwise denied:
(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 none of the 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.
ENG, P.J., RIVERA, HALL and LOTT, 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.