Appellate Division: Second Judicial Department

M183055

E/sl

2014-09405 In the Matter of Yu Chao Tan, petitioner-respondent, v Hong Shan Kuang, respondent-appellant; Emily Tan, et al., nonparty-appellants. (Proceeding No. 1) In the Matter of Hong Shan Kuang, petitioner- appellant, v Yu Chao Tan, respondent-respondent; Emily Tan, et al., nonparty-appellants. (Proceeding No. 2) (Docket Nos. V-23272-11, V-23273-11, V-24847-11, V-24848-11)

SCHEDULING ORDER

Separate appeals by Hong Shan Kuang and by Emily Tan and Jayla Tan from an order of the Family Court, Kings County, dated October 6, 2014. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant or the nonparty-appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellant and the nonparty-appellants 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, 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 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute her 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 the appellant, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

(5) an affidavit or an affirmation withdrawing her appeal; and it is further,

ORDERED that if the appellant has not taken any of the actions described in (1), (2), (3), (4), or (5) in the prior paragraph 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 the appellant should or should not be dismissed; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the attorney for the nonparty-appellants 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 their appeal; and it is further,

ORDERED that if the nonparty-appellants have not taken any of the actions described in (1), (2), (3), or (4) in the prior paragraph 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 the nonparty-appellants 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 him at 718-722-6487 with any questions.