Appellate Division: Second Judicial Department

M163214

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08903, 2013-08904 In the Matter of Eleanor J. Barry, respondent, v Timothy G. Munsinger, appellant. (Docket Nos. O-4813-12/13A, O-4813-12/13B)

DECISION & ORDER ON MOTION

Appeals by Timothy G. Munsinger from two orders of the Family Court, Nassau County, both dated July 24, 2013.

On the Court's own motion, it is

ORDERED that the appeal from the order under Family Court Docket No. O-4813-12/13B (Appellate Division Docket No. 2013-08904) is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the order in the above-entitled proceeding under Family Court Docket No. O-4813-12/13A 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 scheduling order; 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 scheduling order, 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 under Family Court Docket No. O-4813-12/13A; 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 the appellant is indigent and cannot afford to obtain the minutes or perfect his 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 the appellant's affidavit from, stating either that he qualified for assigned counsel upon application to the Family Court and that his financial status has not changed since that time, or that he had retained counsel or appeared pro se in the Family Court, and listing his assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal under Family Court Docket No. O-4813-12/13A; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken 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 under Family Court Docket No. O-4813-12/13A to show cause why that appeal should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.