Appellate Division: Second Judicial Department

M203432

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

THOMAS A. DICKERSON

ROBERT J. MILLER, JJ.

2015-12058, 2015-12059 In the Matter of Nina M. Neidhart, respondent, v Nunzio A. Prato, appellant. (Docket Nos. V-117-06, V-118-06, V-119-06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Family Court, Suffolk County, dated November 12, 2015, and a decision of the same court also dated November 12, 2015, to stay enforcement of the order pending hearing and determination of the appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is denied ; 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 order 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 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 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 of the Family Court proceedings to be transcribed for the appeal from the order; 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 order; 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 appeal from the order to show cause why the appeal from the order should or should not be dismissed.

BALKIN, J.P., CHAMBERS, DICKERSON and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him/her at 718-722-6487 with any questions..