Appellate Division: Second Judicial Department

M305769

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-10371 Kimberly Werner, appellant, v William Bench, respondent. (Index No. 2246/2017)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the scheduling order of this Court dated June 4, 2025, in the above-entitled case is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Kimberly Werner from an order of the Supreme Court, Westchester County, dated October 6, 2023. By decision and order on motion of this Court decided herewith, the appellant is being granted leave to prosecute the appeal as a poor person and is being assigned counsel to prosecute the appeal with respect to issues of custody and visitation. 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 action shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme 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 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 Supreme 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 assigned counsel served a copy of the decision and order on motion of this Court granting poor person relief to the appellant and assigning counsel upon the clerk of the court from which the appeal is 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 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 should or should not be dismissed.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court