Matter of Ramos v Rivera
Motion No: 2019-10921
Slip Opinion No: 2019 NY Slip Op 85807(U)
Decided on December 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268079

kbp/

2019-10921

In the Matter of Rosalinda Ramos, petitioner-

appellant, v Victor Rivera, respondent;

Daven R. (Anonymous), et al., nonparty-appellants.

(Docket Nos. V-11662-14/18C, V-11663-14/18C)

SCHEDULING ORDER

Appeal by Rosalinda Ramos, and separate appeal by Daven R. and Alex R., from an order of the Family Court, Nassau County, dated August 2, 2019. By decision and order on motion of this Court decided herewith, Rosalinda Ramos is being granted leave to prosecute her appeal as a poor person and assigned counsel to prosecute her appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal by Rosalinda Ramos in the above-entitled proceedings shall be perfected within 60 days after the receipt by her assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and her assigned counsel 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, assigned cunsel for Rosalinda Ramos 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 assigned counsel served a copy of the decision and order on motion of this Court granting poor person relief to Rosalinda Ramos and assigning counsel upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Rosalinda Ramos; 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 by Rosalinda Ramos 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.