Appellate Division: Second Judicial Department

M256302

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-07313 In the Matter of Curshelle D. Vann, appellant, v Johnny Ballinger, respondent. (Docket No. V-1379-13)

DECISION & ORDER ON MOTION

Appeal by Curshelle D. Vann from an order of the Family Court, Orange County, dated April 26, 2018. By order to show cause dated September 13, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated July 9, 2018, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (see 22 NYCRR 670.3[b]), the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcript of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcript is 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 § 670.3(b) of the rules of this Court (see 22 NYCRR 670.3[b]), within 30 days after the date of this decision and order on motion, 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 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 July 9, 2018, has been served upon the clerk of the court from which the appeal is taken, 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 assigned counsel fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court