Appellate Division: Second Judicial Department

M271471

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-00938 In the Matter of Elizabeth Mondschein, appellant, v Craig Mondschein, respondent. (Docket Nos. V-06892-18/18C, V-06893-18/18C, V-06892-18/18D, V-06893-18/18D, V-07156-11/19B V-07158-11/19P, V-06892-18/18E, V-06893-18/18E V-07156-11/19E, V-07158-11/19E, V-06892-18/19F V-06893-18/19F, V-07158-11/19S)

DECISION & ORDER ON MOTION , , ,

Appeal by Elizabeth Mondschein from an order of the Family Court, Westchester County, dated December 27, 2019.

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated May 28, 2020, entitled "In the Matter of Scheduling Orders and Applications for Extensions of Time in Actively Managed Appeals" is amended by deleting therefrom the entry concerning the above-entitled matter, under this Appellate Division Docket No.; and it is further,

ORDERED that on or before July 6, 2020, 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 it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion shall be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.