Appellate Division: Second Judicial Department

M280989

E/afa

2021-07198 In the Matter of Kenneth Herbst, respondent, v Dawn Palange, respondent-appellant; Kevin H. (Anonymous), nonparty-appellant. (Docket Nos. F-19805-2007/2020F, F-04345-2007/2020T, V-03525-07/2019AU, AW, V-03525-2007/2020AX, V-03526-2007/2019AS, AT

SCHEDULING ORDER , AV)

Appeal by Dawn Palange, and separate appeal by Kevin H., from an order of the Family Court, Suffolk County, dated September 2, 2021. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that Dawn Palange shall perfect her appeal in the above-entitled proceedings within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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, Dawn Palange 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 decision and order on motion of this Court decided herewith, which granted poor person relief to the appellant Dawn Palange and assigned counsel, 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 appeal by the appellant Dawn Palange; 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 show cause why the appeal by the appellant Dawn Palange should or should not be dismissed.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.