Matter of Biener v Biener
Motion No: 2015-04923
Slip Opinion No: 2015 NY Slip Op 77160(U)
Decided on June 24, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M194374

E/ct

2015-04923

In the Matter of Kayla Biener, respondent-appellant,

v Yoel Biener, appellant-respondent.

(Docket Nos. V-1868-12, V-1793-13, V-1866-12,

V-1791-13, V-1621-12, V-1622-12, V-1623-12,

V-1868-12, V-1792-13, V-1793-13)

SCHEDULING ORDER

Appeal by Yoel Biener and cross appeal by Kayla Biener from an order of the Family Court, Rockland County, dated May 7, 2015. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Yoel Biener shall perfect the 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, in cases where 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, Yoel Biener and Kayla Biener shall each 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 and cross 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 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 the appeal or cross appeal; and it is further,

ORDERED that if either Yoel Biener or Kayla Biener does not take any of the actions described in (1), (2), (3), or (4) above within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal and cross appeal to show cause why that party's appeal or cross appeal should or should not be dismissed.

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.