Motion List released on: November 18, 2019
By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Daniel Turkashwand, res, v. Cynthia J. Brock, ap — V-2356-10/18E, V-2356-10/18F, V-2356-10/19G) — Appeals by Cynthia J. Brock from six orders of the Family Court, Nassau County, all dated August 9, 2019, and a decision after trial also dated August 9, 2019. ORDERED that on the Court’s own motion, it is ORDERED that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeals from the orders in the above-entitled proceedings 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 pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 from the orders; 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals from the orders, a motion in this Court for leave to prosecute the appeals from the orders as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeals from the orders; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) 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 show cause why the appeals from the orders should or should not be dismissed. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
