Appellate Division: Second Judicial Department

M83556

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-02682 In the Matter of Andrew Jones, respondent, v Beatrice Espinoza, appellant. (Docket No. F-04020-03)

DECISION & ORDER ON MOTION

Appeal by Beatrice Espinoza from an order of the Family Court, Suffolk County, dated March 5, 2008. By order to show cause dated February 10, 2009, the parties or their attorneys were 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 on the ground that the appellant failed to comply with a scheduling order dated August 26, 2008, in that the transcripts had not been ordered

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before March 30, 2009, the appellant file the transcripts with the Clerk of this court or submit proof that the transcripts have been ordered and paid for.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court