Appellate Division: Second Judicial Department

M238250

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-07041 In the Matter of Benjamin F. Madden, III, respondent, v Jecinta Post, appellant. (Proceeding No. 1) In the Matter of Jecinta Post, appellant, v Benjamin F. Madden, III, respondent. (Proceeding No. 2) (Docket Nos. V-4744-16, V-5173-16)

DECISION & ORDER ON MOTION

Appeal by Jecinta Post from an order of the Family Court, Orange County, dated June 26, 2017. By order on certification of this Court dated July 31, 2017, the following attorney was assigned as counsel for the appellant on the appeal:

Geoffrey E. Chanin, Esq.

152 Main Street

Goshen, NY 10924

845-291-7077

By letter dated September 20, 2017, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal.

On the Court's own motion, it is

ORDERED that caption of the order on certification of this Court dated July 31, 2017, is amended as set forth above, and the fourth decretal paragraph of the order on certification of this Court dated July 31, 2017, is amended to reflect that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, under Docket No. V-4744-16, in addition to the proceedings under Docket No. V-5173-16 ; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings 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 Family 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 decision and order on motion; 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 decision and order on motion, 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 Family Court proceeding to be transcribed for the appeal; 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 on certification of this Court dated July 31, 2017, as well as this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal 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.