Appellate Division: Second Judicial Department

M272144

MB/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-05216 In the Matter of Katie Georgiou-Ely, petitioner- appellant, v James Ely, respondent; Thomas E. (Anonymous), et al., nonparty-appellants. (Docket Nos. V-10584-2011/2017F, V-10585-2011/2017F)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated July 27, 2020, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Katie Georgiou-Ely, and separate appeal by Thomas E. and Robert E., from an order of the Family Court, Nassau County, dated June 8, 2020. By decision and order on motion of this Court dated July 22, 2020, the following attorney was assigned as counsel for the petitioner-appellant on her appeal:

Amy L. Colvin

9 Everette Place

Huntington, NY 11743

631-424-8495

By letter dated July 23, 2020, the assigned counsel has informed this Court that the petitioner-appellant 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; 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 July 22, 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 the petitioner-appellant; 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 by the petitioner-appellant 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.