Matter of Loggia v Verardo
Motion No: 2017-07801
Slip Opinion No: 2017 NY Slip Op 86245(U)
Decided on September 18, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M237671

/ct

2017-07801, 2017-07802

In the Matter of Jennifer S. Loggia, respondent,

v Michael P. Verardo, appellant.

(Docket No. V-29-15/15A)

SCHEDULING ORDER

Appeals by Michael P. Verardo from two orders of the Supreme Court, Dutchess County, (IDV Part), both dated July 5, 2017. By order on certification of this Court dated August 23, 2017, the following attorney was assigned as counsel for the appellant on the appeals:

Gary E. Eisenberg, Esq.

10 Esquire Road, Suite 10

New City, NY 10956

845-634-0135

By letter dated September 12, 2017, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Supreme Court, and the 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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the 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 proceeding 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 order of this Court dated August 23, 2017, has been served upon the clerk of the court from which the appeals is taken, 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 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 appeals to show cause why the appeals 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.