| Matter of M.-I. (Anonymous) v M.-I. (Anonymous) |
| Motion No: 2019-03241 |
| Slip Opinion No: 2020 NY Slip Op 60840(U) |
| Decided on January 17, 2020 |
| 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
M268988
kbp/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
COLLEEN D. DUFFY, JJ.
|
2019-03241, 2019-03248 In the Matter of Mardin A. M.-I. (Anonymous), petitioner-respondent, v Reyna E. M.-I. (Anonymous appellant, et al., respondent. (Docket No. G-5839-18) (Appeal No. 1) In the Matter of Mardin A. M.-I. (Anonymous). Reyna E. M.-I. (Anonymous), appellant. (Docket No. Z-5840-18) (Appeal No. 2)
| DECISION & ORDER ON MOTION ), |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated July 22, 2019, which dismissed appeals from two orders of the Family Court, Dutchess County, both dated February 25, 2019, for failure to comply with a scheduling order of this Court, 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, the decision and order on motion of this Court dated July 22, 2019, is recalled and vacated, and the appeals are reinstated; 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.
DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court