Matter of Williams v Williams
Motion No: 2021-03306
Slip Opinion No: 2021 NY Slip Op 70279(U)
Decided on August 13, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M278655

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-03306, 2021-03308

In the Matter of Ansil Lincoln Williams, appellant,

v Tanique Williams, respondent.

(Docket Nos. O-0918-2018/2018A,

V-0002-2015/2019)

DECISION AND ORDER ON MOTION

Appeals by Ansil Lincoln Williams from two orders of the Supreme Court, Kings County (IDV Part), both dated October 29, 2020. By order to show cause dated June 11, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeals in the above-entitled proceedings.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is denied.

By order on certification of this Court dated May 14, 2021, the following attorney was assigned as counsel for the appellant on the appeals:

Heath J. Goldstein

90-50 Parsons Blvd., Ste. 216

Jamaica, NY 11432

646-436-1052

By communication dated June 16, 2021, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. 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 order on certification of this Court dated May 14, 2021, 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 appeals; 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 appeals should or should not be dismissed.

DILLON, J.P., BRATHWAITE NELSON, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.