Appellate Division: Second Judicial Department

M271500

MB/

2019-11126 Cecilia Brandel, respondent, v William Brandel, appellant. (Index No. 2974/2015)

SCHEDULING ORDER

Appeal from a judgment of the Supreme Court, Orange County, dated July 9, 2019. By decision and order on motion of this Court dated January 15, 2020, the appellant was granted leave to proceed as a poor person on the appeal with respect to issues of custody and visitation, and counsel was assigned to prosecute that portion of the appeal. By decision and order on motion of this Court dated June 17, 2020, assigned counsel was relieved and the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

212-818-9019

Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal with respect to issues of custody and visitation in the above-entitled action shall be perfected within 60 days after the receipt by assigned counsel of the transcripts of the minutes of the proceedings in the Supreme Court, and 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, 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 the Supreme Court proceedings to be transcribed for the appeal with respect to issues of custody and visitation; 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 the decisions and orders on motion of this Court dated January 15, 2020, and June 17, 2020, have been served upon the clerk of the of the Supreme Court, Orange County, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal with respect to issues of custody and visitation; 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 show cause why the appeal with respect to issues of custody and visitation 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 [email protected] or 718-722-6488 with any questions.