| Matter of Miranda v Rodriguez |
| Motion No: 2019-09368 |
| Slip Opinion No: 2019 NY Slip Op 87033(U) |
| Decided on December 27, 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
M268506
E/sl
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2019-09368 In the Matter of Juliette Marie Miranda, respondent, v Lucas Robert Rodriguez, appellant. (Docket No. O-15888-19)
| SCHEDULING ORDER |
Appeal by Lucas Robert Rodriguez from an order of the Family Court, Westchester County, dated June 28, 2019. By decision and order on motion of this Court dated December 2, 2019, the appellant was granted leave to prosecute the appeal as a poor person and counsel was assigned to prosecute the appeal. By decision and order on motion of this Court decided herewith, assigned counsel was relieved and new counsel was assigned to prosecute the appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that 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 of the 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 that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that assigned counsel served copies of the decision and order on motion of this Court dated December 2, 2019, and the decision and order on motion of this Court decided herewith, assigning new counsel 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; 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 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. Vazquez. Please contact her at 718-722-6488 with any questions.