Appellate Division: Second Judicial Department

M88468

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-03176 In the Matter of Broney Gadman, appellant, v Julie Malone, respondent. (Docket No. U-16711-08)

DECISION & ORDER ON MOTION

Appeal by Broney Gadman from an order of the Family Court, Suffolk County, dated March 2, 2009. By order to show cause dated May 19, 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 for failure to comply with a scheduling order dated April 9, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

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; and it is further,

ORDERED that on or before July 8, 2009, the appellant shall submit proof that the transcripts of the minutes of the proceedings in the Family Court have been ordered and paid for, the date of payment, and the date by which the transcripts are expected.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court