Appellate Division: Second Judicial Department

M201361

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-10415, 2015-10416 MOTION John Bruzzese, appellant, v Sylvia Bruzzese, respondent. (Index No. 6760/11)

DECISION & ORDER

Appeals by John Bruzzese from a judgment of the Supreme Court, Orange County, dated August 25, 2015, and findings of fact and conclusions of law also dated August 25, 2016.

On the Court's own motion, it is

ORDERED that the appeal from the findings of fact and conclusions of law is dismissed, without costs or disbursements, on the ground that no appeals lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the judgment in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the proceedings which occurred in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeals in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; 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 scheduling order, 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 in the Supreme Court action to be transcribed for the appeal from the judgment; 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 from the judgment; and it is further,

ORDERED that if none of the above 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 appeal from the judgment to show cause why the appeal from the judgment should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.