| Matter of Melgar v Sevilla |
| Motion No: 2013-09509 |
| Slip Opinion No: 2014 NY Slip Op 66047(U) |
| Decided on March 10, 2014 |
| 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
M170252
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
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2013-09509 In the Matter of Mirtala Melgar, appellant, v Jose R. Sevilla, respondent. (Proceeding No. 1) In the Matter of Jose R. Sevilla, respondent, v Mirtala Melgar, appellant. (Proceeding No. 2) (Docket Nos. V-3895-09/11C, V-3895-09/11D)
| DECISION & ORDER ON MOTION |
Appeal by Mirtala Melgar from an order of the Family Court, Nassau County, dated August 30, 2013. By order to show cause dated December 31, 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 November 15, 2013, 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 and relieve assigned counsel is denied; 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 10, 2014, the appellant's 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 November 15, 2013, 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 on or before April 10, 2014, 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., BALKIN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court