Matter of Tavares v Barrington
Motion No: 2014-06778
Slip Opinion No: 2014 NY Slip Op 80186(U)
Decided on August 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M177731

E/ct

2014-06778

In the Matter of Amanda Tavares, petitioner-

appellant, v Antoine Barrington, respondent;

Giovanni Xavier Barrington, nonparty-appellant.

(Docket No. V-4998-12)

SCHEDULING ORDER

Separate appeals by Amanda Tavares and Giovanni Xavier Barrington from an order of the Family Court, Dutchess County, dated June 5, 2014. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Giovanni Xavier Barrington 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, Giovanni Xavier Barrington 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 appeals; 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 his 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Giovanni Xavier Barrington 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 her at

718-722-6487 with any questions.