Appellate Division: Second Judicial Department

M110837

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-07068 In the Matter of Judy Martinez, respondent, v Arthur Villagomez, appellant. (Docket No. F-21923-05)

DECISION & ORDER ON MOTION

Appeal by Arthur Villagomez from an order of the Family Court, Queens County, dated June 14, 2010. By order to show cause dated October 5, 2010, 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 August 17, 2010, 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 is denied; and it is further,

ORDERED that on or before December 6, 2010, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received, or, 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, and should the appellant fail to do so, the appeal may be dismissed.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court