| Matter of Sealy v Peart |
| Motion No: 2021-09051 |
| Slip Opinion No: 2022 NY Slip Op 63016(U) |
| Decided on March 16, 2022 |
| 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
M281930
AFA/
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2021-09051, 2021-09057 In the Matter of Tyrone Sealy, respondent, v Olivia Peart, appellant. (Appeal No. 1) In the Matter of Olivia Peart, appellant, v Tyrone Sealy, respondent. (Appeal No. 2) (Docket Nos. O-1014-2021, O-2116-2021)
| SCHEDULING ORDER |
Appeals from two orders of the Family Court, Queens County, both dated October 14, 2021. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 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 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 the decision and order on motion decided herewith granting poor person relief to the appellant is 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 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.
ENTER:
Maria T. Fasulo
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.