Appellate Division: Second Judicial Department

M182767

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

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)

DECISION & ORDER ON MOTION .

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. By order to show cause dated September 22, 2014, the parties 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 July 23, 2014, to perfect the appeal on behalf of the appellant-respondent on the ground that the attorney had been unable to contact the appellant-respondent, and dismissing the appeal.

Now, upon the order to show cause and the papers filed in response 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 order, assigned counsel for the appellant-respondent 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 and cross 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 July 23, 2014, has been served upon the clerk of the court from which the appeal and cross appeal are 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 within 30 days of the date of this 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 should or should not be dismissed.

CHAMBERS, J.P., ROMAN, DUFFY and LASALLE, 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.