Appellate Division: Second Judicial Department

M250992

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2018-02084, 2018-02103 In the Matter of Donovan Devon Guy, respondent, v Melonie Frances Weichel, appellant. (Docket No. V-1059-11/15B)

DECISION & ORDER ON MOTION

Appeals by Melonie Frances Weichel from two orders of the Supreme Court, Kings County (IDV Part), both dated December 14, 2017. By order to show cause dated April 30, 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 from the order dated December 14, 2017, entitled "So Ordered of Custody and Visitation," under Appellate Division Docket No. 2018-02103, on the ground that no appeal lies from an order entered upon the consent of the appealing party.

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 denied; 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's 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 (IDV Part) proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 19, 2018, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

MASTRO, J.P., CHAMBERS, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court