Appellate Division: Second Judicial Department

M114951

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-10464 In the Matter of Susan M. Brown, respondent, v John J. Brown, appellant. (Proceeding No. 1) In the Matter of John J. Brown, appellant, v Susan M. Brown, respondent. (Proceeding No. 2) (Docket Nos. V-07877-08, V-07878-08, O-03130-09, V-07751-08, V-8023-08, V-8024-08)

DECISION & ORDER ON MOTION

Appeal by John J. Brown from an order of the Family Court, Nassau County, dated September 29, 2010. By order to show cause dated December 23, 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 November 9, 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 to dismiss the appeal is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before March 21, 2011, the appellant shall file in the office of the Clerk of this Court either (1) an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof, the name of the transcription service from which the transcript was ordered, and the date by which the transcript is expected, or (2) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant does not comply with the foregoing provision, the appeal shall be dismissed.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court