| Goikhman v Biton |
| Motion No: 2018-10220 |
| Slip Opinion No: 2018 NY Slip Op 88889(U) |
| Decided on November 19, 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. |
Appellate Division: Second Judicial Department
M257618
E/afa
|
2018-10220, 2018-13511
Melissa Goikhman, respondent, v Shlomo Biton, appellant. (Index No. 50548/15; Docket No. O-365/15)
| SCHEDULING ORDER |
Appeals from a decision and order (one paper) of the Supreme Court, Kings County
(IDV-Part), dated February 5, 2018, and a judgment of the same court dated May 16, 2018. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that Shlomo Biton shall perfect the appeals with respect to issues not involving the family offense proceeding or custody and visitation in the above-entitled matters within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Supreme Court, and 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 within 30 days after the date of this scheduling order, Shlomo Biton 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 Supreme Court proceedings to be transcribed for the appeal with respect to issues not involving the family offense proceeding or custody and visitation; 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 with respect to issues not involving the family offense proceeding or custody and visitation ; 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 show cause why the appeal with respect to issues not involving the family offense proceeding or custody and visitation should or should not be dismissed.
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.