Appellate Division: Second Judicial Department

M299512

JV/

2024-07092, 2024-07758 In the Matter of Brian John Roe, Jr., respondent-appellant, v Paula Elisa D'Aguanno, appellant-respondent. (Appeal No. 1) In the Matter of Brian John Roe, Jr., appellant, v Paula Elisa D'Aguanno, respondent. (Appeal No. 2) (Docket Nos. V-5644-2020/2022E, V-5645-2020/2022E, V-5644-2020/2022D, V-5645-2020/2022D)

SCHEDULING ORDER

Appeal by Paula Elisa D'Aguanno and cross-appeal by Brian John Roe, Jr., from an order of the Family Court, Nassau County, dated July 15, 2024, and appeal by Brian John Roe, Jr., from an order of the same court dated July 11, 2024. By order on certification of this Court dated September 6, 2024, the following attorney was assigned as counsel for Paula Elisa D'Aguanno on her appeal from the order dated July 15, 2024:

Thomas R. Villecco

30 Wall Street, 8th Floor

New York, NY 10005

212-925-0320

By letter dated September 23, 2024, the assigned counsel has informed this Court that the appellant Paula Elisa D'Aguanno wishes to proceed with her appeal from the order dated July 15, 2024. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal of Paula Elisa D'Aguanno 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 of Paula Elisa D'Aguanno; 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 6, 2024, has been served upon the clerk of the court from which the appeal of Paula Elise D'Aguanno is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal of Paula Elise D'Aguanno; 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 and cross-appeal to show cause why the appeal of Paula Elise D'Aguanno 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.