Appellate Division: Second Judicial Department

M269056

E/mb

2019-12706 In the Matter of Toriano Copeland, appellant, v Chantel Brown, respondent. (Docket No. V-927-19)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 16, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Toriano Copeland from an order of the Family Court, Suffolk County, dated October 21, 2019. By order of this Court dated November 25, 2019, the following named attorney was assigned as counsel for the appellant on the appeal:

Heather A. Fig

Bayport Professional Center

982 Montauk Highway Suite 6

Bayport, New York 11705

613-419-6111

By letter dated January 13, 2020, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcript of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcript is 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 proceeding 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 order on certification 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; and it is further,

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 appeals 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.