Appellate Division: Second Judicial Department

M259855

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-14266 Daniel Dodd, respondent, v Heather Dodd, appellant. (Index No. 1435/17)

DECISION & ORDER ON MOTION

2019-01123, 2019-01124

Daniel Dodd, respondent,

v Heather Dodd, appellant.

(Index No. 1435/17)

Appeals by Heather Dodd from two orders of the Supreme Court, Orange County, dated July 31, 2017, and September 17, 2018, respectively, and a judgment of the same court dated November 8, 2018.

On the Court's own motion, it is

ORDERED that the appeals from the orders (Appellate Division Docket Nos. 2018-14266, 2019-01124) are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeal from the judgment in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal from the judgment in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 in the Supreme Court action to be transcribed for the appeal from the judgment; 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 from the judgment; 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 show cause why the appeal from the judgment should or should not be dismissed.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.