Appellate Division: Second Judicial Department

M249165

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-01089 In the Matter of Gloria Rodriguez, respondent, v Moises C. Mera, appellant. (Docket No. F-6822-07/17S)

DECISION & ORDER ON MOTION

Appeal by Moises C. Mera from an order of the Family Court, Westchester County, dated January 8, 2018. By order to show cause dated March 15, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

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

ORDERED that the motion to dismiss the appeal is granted to the extent that the appeal is dismissed, without costs or disbursements, except for the appeal from the portion of the order which brings up for review the denial of the request to adjourn the hearing (see CPLR 5511; James v Powell, 19 NY2d 249, 256 n.3); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the portion of the order which brings up for review the denial of the request to adjourn the hearing shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings which occurred in the Family Court concerning that issue, 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 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, 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 from the portion of the order which brings up for review the denial of the request to adjourn the hearing; 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal from the portion of the order which brings up for review the denial of the request to adjourn the hearing should or should not be dismissed.

RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

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.