| Matter of Camarda v Charlot |
| Motion No: 2018-13247 |
| Slip Opinion No: 2019 NY Slip Op 77709(U) |
| Decided on August 20, 2019 |
| 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
M265334
E/sl
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2018-13247, 2018-13248 In the Matter of Joseph Camarda, appellant, v Marie L. Charlot, respondent. (Docket No. F-8229-09/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated March 21, 2019, which dismissed appeals from two orders of the Family Court, Suffolk County, dated July 28, 2018, and September 7, 2018, respectively, for failure to comply with a scheduling order of this Court dated November 28, 2018, and to reinstate the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated March 21, 2019, is recalled and vacated, the appeals are reinstated, and the motion is otherwise denied; 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 decision and order on motion, 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 of the Family Court proceedings to be transcribed for the appeals; 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 appeals; and it is further,
ORDERED that if the appellant 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 appeals, without further notice.
AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court