Motion List released on:Dec. 11, 2018
By Leventhal, J.P.; Miller, Duffy and Brathwaite Nelson, JJ.George Petrosian ap, v. B&A Wharehousing, Inc. res, et al., def — Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 27, 2017, for failure to substitute a personal representative for the deceased defendant, Yakov Likhterman, or, in the alternative, to hold the appeal in abeyance pending appointment of a personal representative and to extend the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to extend the respondents’ time to serve and file a brief is granted, the respondents’ time to serve and file a brief is extended until January 9, 2019, and the respondents’ brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.MATTER of Kira Pedicini, ap, v. Eric Hull, res — Appeal by Kira Pedicini from an order of the Family Court, Orange County, dated September 18, 2018. By order on certification of this Court dated October 30, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Paul N. Weber45 Quaker Avenue, Suite 208Cornwall, NY 12518845-534-2968By letter dated December 6, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it isORDERED that the appeal in the above-entitled proceedings 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 ; and it is further,ORDERED that within 30 days after the date of this , 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 stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated October 30, 2018, has been served upon the clerk of the court from which the appeal is taken, 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 above 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 appeal to show cause why the appeal should or should not be dismissed.MATTER of Lisa Wilson, res, v. Robert Wilson, Sr., ap — Appeal by Robert Wilson, Sr., from an order of the Family Court, Orange County, dated September 12, 2018. By dated October 24, 2018, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated October 24, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before January 2, 2019; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.
