Appellate Division: Second Judicial Department

M279326

SL/

2021-03532 In the Matter of Mikhail O'Brien Velez, respondent, v Eugenia A. Garcia, appellant. (Docket No. V-21134-2013/2019D,E,2020F)

SCHEDULING ORDER

Appeal by Eugenia A. Garcia from an order of the Family Court, Suffolk County, dated February 8, 2021. By order on certification of this Court dated June 11, 2021, the following named attorney was assigned as counsel for the appellant on the appeal:

Abbe Shapiro

5507-10 Nesconset Highway, Ste. 212

Mount Sinai, NY 11766

516-330-5490

By letter dated September 22, 2021, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcript of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcript is 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 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 the order on certification of this Court dated June 11, 2021, has been served upon the clerk of the court from which the appeal is taken, 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 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, 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:

Maria T. Fasulo

Acting 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.