Matter of Slade v Haymes
Motion No: 2018-09297
Slip Opinion No: 2018 NY Slip Op 86448(U)
Decided on October 18, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256413

MM/

2018-09297

In the Matter of Shayne Dion Slade, appellant,

v Brittany Marie Haymes, respondent.

(Docket Nos. V-03582-08/18C, V-06162-15/18A)

SCHEDULING ORDER

Appeal by Shayne Dion Slade from an order of the Family Court, Dutchess County, dated July 12, 2018. By order on certification of this Court dated September 4, 2018, the following attorney was assigned as counsel for the appellant on the appeal:

Salvatore C. Adamo

350 Fifth Avenue, 59th Floor

New York, NY 10118

212-964-7983

By letter dated October 11, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal in the above-entitled proceedings 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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the 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 September 4, 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 none of the above 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 should or should not be dismissed.

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.