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Appellate Division, Second Department:September 26, 2018

Appellate Division, Second Department:September 26, 2018

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Motion List released on: September 26, 2018

By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Autumn Nicole Chenkus, res, v. Charles Higgs, ap — On the Court’s own motion, it isORDERED that the   of this Court dated August 2, 2018, in the above-entitled case is recalled and vacated, and the following   is substituted therefor:Appeals by Charles Higgs from two orders of the Family Court, Westchester County, one dated January 5, 2018, and June 12, 2018, respectively, and a money judgment of the same court also dated June 12, 2018. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it isORDERED that the appeals 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  ; and it is further,ORDERED that within 30 days after the date of this  , 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 appeals; 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 appeals; 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  , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

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