Motion List released on: May 20, 2020
By Dillon, J.P., Balkin, Cohen, Wooten, JJ. IN THE MATTER OF HEIDI PETROSINO, res, v. ROBERT PETROSINO, app — (F-07501-14/18C) — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated September 30, 2019, as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act §1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act §1116); and it is further, ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied. DILLON, J.P., BALKIN, COHEN and WOOTEN, JJ., concur. IN THE MATTER OF HEIDI PETROSINO, res, v. ROBERT PETROSINO, app — (F-07501-14/18C) — Appeal by Robert Petrosino from an order of the Family Court, Westchester County, dated September 30, 2019. 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.
