Appellate Division: Second Judicial Department

M272641

E/mb

2019-11623 In the Matter of Marc Fishman, appellant, v Jennifer Solomon, respondent. (Docket Nos. V-00007-2019/2019A/2019B/2019C/2 V-00008-2019/2019A/2019B/2019C/2019E/2019G, V-00009-2019/2019A/2019B/2019C/2019E/2019G, V-00010-2019/2019A/2019B/2019C/2019E/2019G)

SCHEDULING ORDER 019E/2019G,

Appeal by Marc Fishman from an order of the Supreme Court, Westchester County (IDV Part), dated October 2, 2019. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that within 30 days after the date of this scheduling order, 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 Supreme 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, and written proof that the subject transcript has been paid for; or

(4) an affidavit or an affirmation withdrawing the appeal; 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, including, inter alia, the failure to provide an affidavit or an affirmation, or, as to item (3), the failure to provide proof of payment or the date by which the transcript is expected, 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.

ENTER:

Aprilanne Agostino

Clerk of the Court