Appellate Division: Second Judicial Department

M227671

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2016-08665, 2016-09638, 2016-09640 In the Matter of Joelle Merla Savas, respondent, v Daniel Bruen, appellant. (Docket No. O-43-13)

DECISION & ORDER ON MOTION

Appeals by Daniel Bruen from three orders of the Supreme Court, Rockland County (IDV Part), all dated August 9, 2016. By order to show cause dated January 17, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by decision and order on motion of this Court dated December 13, 2016, to perfect the appeals on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeals.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the appellant's assigned counsel of the transcripts of the minutes of the proceedings in the Supreme Court, and assigned counsel 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 within 30 days after the date of this decision and order on motion, assigned counsel 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 any Supreme Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the decision and order on motion of this Court dated December 13, 2016, has been served upon the clerk of the Supreme Court, Rockland County, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeals, without further notice.

RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court