Kassenoff v. Kassenoff

• Decision Date: 07 December 2022
• Docket Number: Motion No. 2022-09513,Index No. 58217/2019
• Citation: 2022 NY Slip Op 75272 (U)
• Parties: Allan Kassenoff, respondent-appellant, v. Catherine Kassenoff, respondent; Carol W. Most, nonparty-appellant-respondent.
• Court: New York Supreme Court — Appellate Division

2022 NY Slip Op 75272(U)

Allan Kassenoff, respondent-appellant, v. Catherine Kassenoff, respondent; Carol W. Most, nonparty-appellant-respondent.

Motion No. 2022-09513, Index No. 58217/2019

Supreme Court of New York, Second Department

December 7, 2022

Unpublished Opinion

MOTION DECISION

M286323

Appeal by Carol W. Most and cross appeal by Allan Kassenoff from an order of the Supreme Court, Westchester County (IDV Part), dated October 4, 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-respondent of the transcripts of the minutes of the proceedings in the Family Court, and the appellant-respondent 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-respondent 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 and cross 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 and cross appeal to show cause why the appeal should or should not be dismissed.