Appellate Division: Second Judicial Department

M193676

J/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-03680 In the Matter of Neal S. Mallor, respondent, v Shari B. Mallor, respondent-appellant; Cooper M., nonparty-appellant. (Proceeding No. 1) In the Matter of Shari B. Mallor, appellant, v Neal S. Mallor, respondent-appellant; Cooper M., nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-7005-13, V-7650-13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated May 18, 2015, in the above-entitled matters is recalled and vacated, and the following scheduling order is substituted therefor:

Separate appeals by Shari B. Mallor and Cooper M. from an order of the Family Court, Nassau County, dated March 31, 2015. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Shari B. Mallor shall perfect her appeal in the above-entitled proceedings 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, Shari B. Mallor 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 her 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 Shari B. Mallor should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

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.