Appellate Division: Second Judicial Department

M117607

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-07557 In the Matter of Clayton Matthews, Sr., appellant, v Angela Liotta, respondent. (Docket No. F-4878-08)

DECISION & ORDER ON MOTION

Appeal by Clayton Matthews, Sr., from an order of the Family Court, Kings County, dated June 22, 2010. By order to show cause dated February 7, 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 appeal in the above-entitled proceeding for failure to comply with an order dated December 9, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Upon the order to show cause and the papers filed in response thereto,

it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on or before March 31, 2011, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the necessary transcripts have been paid for, the date thereof, and the date by which the transcripts are expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before March 31, 2011, the Court, on its own motion, will dismiss the appeal.

SKELOS, J.P., ENG, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court