Appellate Division: Second Judicial Department

M269665

MB/

2020-00431, 2020-00548 In the Matter of Joann Marino, appellant-respondent, v Francesca Sanfilippo, respondent-appellant, et al., respondents. (Docket Nos. V-18922-16, V-9901-18)

SCHEDULING ORDER

Appeal by Joan Marino from an order of the Family Court, Queens County dated December 20, 2019, cross appeal by Francesca Sanfilippo from that order, and appeal by Francesca Sanfilippo from an order of the same court also dated December 20, 2019. By decision and order on motion of this Court dated February 6, 2020, the following attorney was assigned as counsel for the appellant Joann Marino on her appeal:

David Laniado

411 Westminster Rd. #2

Cedarhurst, NY 11516

516-599-8999

By letter dated February 10, 2020, the assigned counsel has informed this Court that the appellant Joann Marino wishes to proceed with her appeal. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeals 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 appeals and cross 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 February 6, 2020, has been served 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 Joann Marino.

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 and cross appeal to show cause why the appeal by Joann Marino 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.