Appellate Division: Second Judicial Department

M183995

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-10014 In the Matter of Gloria Pineda, petitioner- respondent, v Dimas B. Claros Diaz, respondent; Azucena Saray Clares-Pineda, nonparty-appellant. (Docket No. V-9059-13)

DECISION & ORDER ON MOTION

Motion by Azucena Saray Clares-Pineda for leave to appeal to this Court from an order of the Family Court, Nassau County, dated September 24, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the nonparty-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the nonparty-appellant 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 decision and order on motion; 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 nonparty-appellant's counsel 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; 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 this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

DILLON, J.P., BALKIN, COHEN and HINDS-RADIX, 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.