Appellate Division: Second Judicial Department

M115637

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-12025 Allison Silbowitz, etc., appellant-respondent, v Mitchell Silbowitz, respondent-appellant. (Index No. 201554/04)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its scheduling order dated February 4, 2011, in the above-entitled case is recalled and vacated, and the following order is substituted therefor:

Appeal by Allison Silbowitz and cross appeal by Mitchell Silbowitz from an order of the Supreme Court, Nassau County, dated November 16, 2010. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the receipt by the appellant-respondent of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant-respondent shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,

ORDERED that within 30 days after the date of this order, the appellant-respondent 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 Supreme Court proceedings to be transcribed for the appeal and cross appeal; or

(2) if there are such minutes, an affidavit or affirmation 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) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.