| Matter of Andrew v Reyes |
| Motion No: 2024-09732 |
| Slip Opinion No: 2024 NY Slip Op 76615(U) |
| Decided on October 18, 2024 |
| 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
M300068
JV/
|
2024-09732
In the Matter of Victoria Andrew, respondent, v Charene Reyes, et al., appellants. (Docket No. V-9910-2017)
| SCHEDULING ORDER |
Appeal by Charene Reyes and separate appeal by Malcolm Andrews from an order of the Family Court, Kings County, dated August 23, 2024. By order on certification of this Court dated October 11, 2024, the following attorney was assigned as counsel for the appellant Malcolm Andrews on the appeals:
Cheryl Charles-Duval
44 Court Street, Suite 909
Brooklyn, NY 11201
718522-7472
By letter dated October 15, 2024, the assigned counsel has informed this Court that the appellant Malcolm Andrews 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 of Malcolm Andrews in the above-entitled proceeding 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 appeals; 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 October 11, 2024, 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 Malcolm Andrews; 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 appeals to show cause why the appeal by Malcolm Andrews should or should not be dismissed.
ENTER:
Darrell M. Joseph
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.