| Matter of Realbuto v Butta |
| Motion No: 2014-08515 |
| Slip Opinion No: 2014 NY Slip Op 92017(U) |
| Decided on December 5, 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
M183907
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2014-08515, 2014-10814 In the Matter of Cary G. Realbuto, respondent, v Christine Butta, appellant. (Proceeding No. 1) In the Matter of Christine Butta, appellant, v Cary G. Realbuto, respondent. (Proceeding No. 2) (Docket Nos. V-9413-10, V-9404-10)
| DECISION & ORDER ON MOTION |
Appeals by Christine Butta from an order of the Family Court, Nassau County, dated August 4, 2014, and a corrected order of the same court dated November 5, 2014.
On the Court's own motion, it is
ORDERED that the appeals are consolidated; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received; 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 decision and order on motion, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating whether the appeal from the corrected order requires transcription of additional minutes of the Family Court proceedings besides the transcripts previously ordered in connection with the appeal from the order, and, if additional transcripts are necessary, a statement that the additional transcripts have been ordered and paid for, the date thereof and the date by which the additional transcripts are expected; and it is further,
ORDERED that if the appellant has not filed the affidavit or affirmation as set forth in the prior paragraph within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal from the corrected order should or should not be dismissed.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court