Matter of Ford v DeGroat
Motion No: 2023-03177
Slip Opinion No: 2023 NY Slip Op 67795(U)
Decided on May 31, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289243

JV/

2023-03177

In the Matter of Elisa Ford, respondent,

v Daniel DeGroat, Jr., appellant;

Briana P. (Anonymous), nonparty-appellant.

(Docket No. V-4824-2016/2022A)

SCHEDULING ORDER

Appeal by Daniel DeGroat, Jr., and separate appeal by Briana P. from an order of the Family Court, Orange County, dated March 15, 2023. By order on certification of this Court dated May 24, 2023, the following attorney was assigned as counsel for the appellant Briana P. on the appeals:

Kelley M. Enderley

222 Church Street, 1st Floor

Poughkeepsie, NY 12601

845-485-7530

ORDERED that the appeal of Briana P. in the above-entitled proceeding 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 Briana P. 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 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 of Briana P.; 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 appeal of Briana P. should or should not be dismissed.

ENTER:

Maria T. Fasulo

Clerk of the Court