Huasco v. Chimborazo

Decision Date07 December 2022
Docket NumberMotion No. 2022-06738,Docket No. V-1026-2022
Citation2022 NY Slip Op 75286 (U)
PartiesIn the Matter of Juan Marcial Huasco, respondent, v. Mario Loja Chimborazo, appellant.
CourtNew York Supreme Court — Appellate Division
Unpublished Opinion

MOTION DECISION

M286322 KL/

SCHEDULING ORDER

Appeal by Mario Loja Chimborazo from an order of the Family Court, Rockland County, dated June 6, 2022. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family 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 Family 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 it has been ordered and paid for, 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.

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