Appellate Division: Second Judicial Department

M262808

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03805, 2018-03806 In the Matter of Michael Gomez, petitioner-responde v Ilea Martinez, respondent-appellant; Jaymian G. (Anonymous), appellant-respondent. (Docket Nos. V-933-08V-24766-07)

SCHEDULING ORDER nt,

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated May 10, 2019, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:

Appeals by Jaymian G. from two orders of the Family Court, Queens County, dated March 7, 2019, and March 8, 2019, respectively, and cross appeal by Ilea Martinez from the order dated March 7, 2019. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that Ilea Martinez shall perfect the cross appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family 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, Ilea Martinez 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 Family Court proceedings to be transcribed for the appeals and cross appeal; 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) if Ilea Martinez is indigent and cannot afford to obtain the minutes or perfect the cross appeal, a motion in this Court for leave to prosecute the cross appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion shall be supported by an affidavit from Ilea Martinez, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

(5) an affidavit or an affirmation withdrawing the cross appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 appeals and cross appeal to show cause why the cross appeal should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court