Appellate Division: Second Judicial Department

M277231

E/sl

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

BETSY BARROS

PAUL WOOTEN, JJ.

2021-01234 In the Matter of John Martinez, appellant, v Deborah Carpanzano, respondent. (Docket No. F-19919-2019/2019A)

DECISION & ORDER ON MOTION

Appeal by John Martinez from an order of the Family Court, Westchester County, dated December 8, 2020. By order to show cause dated April 12, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 24, 2021. Motion by the respondent to dismiss the appeal as untimely taken or, in the alternative, for poor person relief and the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeal and the respondent's motion are denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this decision and order on motion, 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

CHAMBERS, J.P., LASALLE, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court