Appellate Division: Second Judicial Department

M199072

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-04994, 2015-05594 In the Matter of Peter Giasemis, appellant, v Christina Haritos, respondent. (Docket No. V-24352-14/14A)

DECISION & ORDER ON MOTION

2015-05595, 2015-05596

Christina Giasemis, now known as Christina

Haritos, respondent, v Peter Giasemis, appellant.

(Index No. 27290/05)

Motion by the appellant, inter alia, to stay enforcement of two orders of the Family Court, Kings County, both dated May 29, 2015, and two orders of the Supreme Court, Kings County, both dated May 12, 2015, pending hearing and determination of appeals therefrom, to consolidate the appeals, and to reappoint Brad Nacht as the attorney for the child.

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 branch of the motion which is to consolidate the appeals is granted and the parties shall file 10 copies of their respective briefs; and it is further,

ORDERED that the branch of the motion which is to reappoint Brad Nacht as the attorney for the child is denied as unnecessary (see Family Ct Act § 1120[b]; Judiciary Law § 35[7]); and it is further,

ORDERED that the motion is otherwise denied; 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 proceeding 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 Supreme Court, and the 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 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 or the Supreme 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 the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

DILLON, J.P., MILLER, MALTESE and LASALLE, 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.