Appellate Division: Second Judicial Department

M239952

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-09473, 2017-09475 In the Matter of Shahzad Gulzar, appellant- respondent, v Shandy Gulzar, respondent- appellant. (Docket Nos. V-4415-08, V-22994-08)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 27, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by Shahzad Gulzar from an order of the Family Court, Queens County, dated August 24, 2017, and a decision of the same court also dated August 24, 2017, and cross appeal by Shandy Gulzar from the order dated September 27, 2017.

On the Court's own motion, it is

ORDERED that 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 Shahzad Gulzar shall perfect the appeal from the order and Shandy Gulzar shall perfect the cross appeal from the order pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 60 days after his or her receipt of the transcripts of the minutes of the proceedings in the Family Court, and he or she 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, Shahzad Gulzar and Shandy Gulzar 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 of the Family Court proceedings to be transcribed for the appeal and cross appeal from the order; or

(2) if there are such minutes, an affidavit or affirmation stating 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) if either Shahzad Gulzar or Shandy Gulzar is indigent and cannot afford to obtain the minutes or perfect the appeal or cross appeal from the order, a motion in this Court for leave to prosecute the appeal or cross appeal from the order as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by that parties' affidavit, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal or cross appeal from the order; and it is further,

ORDERED that if either Shahzad Gulzar or Shandy Gulzar does not take any of the actions described in (1), (2), (3), (4), or (5) above within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to the parties to show cause why the appeal or the cross appeal from the order 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.