| Spata v Kelly |
| Motion No: 2020-00344 |
| Slip Opinion No: 2020 NY Slip Op 71983(U) |
| Decided on September 16, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M273055
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2020-00344 Stacey Spata, respondent, v James Kelly, appellant. (Index No. 17657/2014)
| DECISION & ORDER ON MOTION |
2020-00345
Stacey Spata, respondent,
v James Kelly, appellant.
(Index No. 17657/2014)
Appeals from two orders of the Supreme Court, Suffolk County, dated November 19, 2019, and December 2, 2019, respectively. Motion by the appellant, inter alia, to extend the time to comply with scheduling orders of this Court dated August 7, 2020 (one as to each appeal), and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to extend the time to comply with the scheduling orders dated August 7, 2020, is granted and on or before October 19, 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 Supreme 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 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) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken on or before October 19, 2020, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeals should or should not be dismissed; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeals is denied as premature; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., CHAMBERS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court