MATTER OF NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES v. SIMMONS

Docket No. F-1734-15/16A, Motion No. 2017-05617, M235786.

2017 NY Slip Op 82305(U)

IN THE MATTER OF NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF STEPHANIE S. SIMMONS, Respondent, v. DAVID L. SIMMONS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.


Appeal by David L. Simmons from an order of the Family Court, Nassau County, dated March 20, 2017.

SCHEDULING ORDER

By order on certification of this Court dated July 5, 2017, the following attorney was assigned as counsel for the appellant on the appeal:

Rhonda R. Weir, Esq. 26 Court Street, Suite 1503 Brooklyn, NY 11242 347-328-2680

By letter dated August 2, 2017, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal 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 proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this Court dated July 5, 2017, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeal; 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 the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.


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