Appellate Division: Second Judicial Department

M268190

MB/

2019-12673 In the Matter of Ana Caple, respondent, v James Cheatham, appellant. (Docket Nos. V-3751-16/16C, V-4795-18)

SCHEDULING ORDER

Appeal by James Cheatham from an order of the Family Court, Richmond County, dated October 9, 2019. By decision and order on motion of this Court dated November 25, 2019, the following named attorney was assigned as counsel to prosecute the appeal:

Rhonda Weir

195 Montague Street, 14th Floor

Brooklyn, NY 11201

(347) 328-2680

By letter dated December 6, 2019, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the 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, the assigned counsel 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 any Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the decision and order on motion of this Court dated November 25, 2019, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

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 the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at 718-722-6487 with any questions.