Appellate Division: Second Judicial Department

M176396

E/ct

2014-05881 In the Matter of Mark Spencer Thomas, appellant-respondent, v Daniele Gina Tretola, respondent; Janessa Nickki Marie Foster, also known as Janessa Thomas, respondent-appellant (Proceeding No. 1) In the Matter of Daniele Gina Tretola, respondent, v Mark Spencer Thomas, appellant-respondent; Janessa Nickki Marie Foster, also known as Janessa Thomas, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-6324-11/13B, V-6324-11/13C)

SCHEDULING ORDER .

Appeal by Mark Spencer Thomas and cross appeal by Janessa Nickki Marie Foster, also known as Janessa Thomas, from an order of the Family Court, Dutchess County, dated May 1, 2014. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Mark Spencer Thomas shall perfect his appeal in the above-entitled proceeding 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, Mark Spencer Thomas 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 Mark Spencer Thomas is indigent and cannot afford to obtain the minutes or perfect his appeal, a motion in this Court for leave to prosecute his appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from Mark Spencer Thomas, 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 his appeal; 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 and cross appeal to show cause why the appeal by Mark Spencer Thomas should or should not be dismissed.

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.