Appellate Division: Second Judicial Department

M116634

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

ROBERT J. MILLER, JJ.

2010-10147 In the Matter of Santos Cuevas, et al., respondents, v Keith Pendleton, et al., appellants. (Docket No. V-2227-07)

DECISION & ORDER ON MOTION

Appeals by Keith Pendleton and Anne Pendleton from an order of the Family Court, Orange County, dated September 7, 2010. By order to show cause dated January 26, 2011, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated October 27, 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 appeals is denied; and it is further,

ORDERED that on the Court's own motion, pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), on or before April 7, 2011, the appellants shall file an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof, the transcription service performing the transcription, and the date by which the transcript is expected, or the appeals will be dismissed.

ANGIOLILLO, J.P., FLORIO, BELEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court