| Pezzollo v Pezzollo |
| Motion No: 2016-06899 |
| Slip Opinion No: 2016 NY Slip Op 81734(U) |
| Decided on August 5, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M215780
E/ct
|
2016-06899 Joan Pezzollo, appellant-respondent, v Eugene Pezzollo, respondent-appellant. (Index No. 202857/14)
| SCHEDULING ORDER |
Appeal by Joan Pezzollo and cross appeal by Eugene Pezzollo from an order of the Supreme Court, Nassau County, entered April 15, 2016. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is
ORDERED that Joan Pezzollo shall perfect her appeal in the above-entitled action within 60 days after she receives the transcripts of the minutes of the proceeding in the Supreme Court, and shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, Joan Pezzollo shall perfect her appeal in the above-entitled action 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, Joan Pezzollo and Eugene Pezzollo 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 in the Supreme Court action 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 Joan Pezzollo or Eugene Pezzollo do not take any of the above 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 the 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.