Appellate Division: Second Judicial Department

M307854

KL/

2025-10203 In the Matter of Kelly M. Enderley, etc., petitioner-respondent, v Jessalyn C. (Anonymous), respondents, Charlene C. (Anonymous), et al., respondent-appellants. (Docket Nos. V-123-2025, V-487-2025)

SCHEDULING ORDER

Appeals by Charlene C. and Stephen C. from an order of the Family Court, Dutchess County, dated July 1, 2025. Pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is

ORDERED that the appeal by Charlene C. in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant Charlene C. of the transcripts of the minutes of the proceedings in the Family Court, and the appellant Charlene C. 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 Charlene C. 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 appeal by Charlene C. ; 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) if the appellant Charlene C. has insufficient means to obtain the minutes or perfect the appeal, a motion in this Court for waiver of costs, fees, and expenses and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant Charlene C. , stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal by Charlene C. ; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 Charlene C. should or should not be dismissed.

ENTER:

Darrell M. Joseph

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her [email protected] or 718-722-6488 with any questions.