Appellate Division: Second Judicial Department

M284870

JV/sl

2022-06741 In the Matter of Shaun R. Swaby, appellant-responde v Asha Cummings, respondent-appellant. (Docket Nos. O-3282-2019, V-446-2016/2019F, V-446-2016/2019G, V-446-2016/2019H, V-446-2016/2019I)

SCHEDULING ORDER nt,

Appeal by Shaun R. Swaby, and cross appeal by Asha Cummings, from an order of the Family Court, Rockland County, dated July 11, 2022. By order on certification of this Court dated September 2, 2022, the following attorney was assigned as counsel for the appellant on the appeal:

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

914-332-8629

By letter dated September 7, 2022, the assigned counsel has informed this Court that the appellant wishes to proceed with his appeal. 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 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 appeal and cross appeal; 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 September 2, 2022, has been served upon the clerk of the court from which the appeal and cross appeal are 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 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 appeal and cross appeal to show cause why the appeal should or should not be dismissed.

ENTER:

Maria T. Fasulo

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.