| Matter of Warley v Joseph |
| Motion No: 2022-03580 |
| Slip Opinion No: 2022 NY Slip Op 66297(U) |
| Decided on May 23, 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
M283116
JR/
|
2022-03580
In the Matter of Nicholas Warley, petitioner-respondent, v Kimberlyann Joseph, respondent-respondent; Nova W. (Anonymous), et. al., nonparty-appellants. (Index No. V-4529-2021)
| SCHEDULING ORDER |
Appeal by Nova W. and Ava W. from an order of the Family Court, Westchester County, dated April 21, 2022. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the nonparty-appellants of the transcripts of the minutes of the proceedings in the Family Court, and the nonparty-appellants 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 nonparty-appellants 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 by Nova W. and Ava W.; 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 by Nova W. and Ava W. 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.