Appellate Division: Second Judicial Department

M242975

E/ct

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-06898 In the Matter of Eric Jaimes, appellant, v Magdalena Gyerko, respondent. (Docket Nos. V-3287-17/17D, V-3287-17/17E, V-3286-17/17D, V-3286-17/17E)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated August 22, 2017, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated June 23, 2017, and to stay the respondent from relocating with the subject children to Connecticut, pending hearing and determination of.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated August 22, 2017, as dismissed the appeal from the order dated June 23, 2017, is granted, so much of the decision and order on motion of this Court dated August 22, 2017, as dismissed the appeal from the order dated June 23, 2017, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the motion is denied; 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeal; 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the 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.

LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, 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.