Appellate Division: Second Judicial Department

M117293

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-00393 In the Matter of Diana M. Viana, appellant, v Anthony Rosario, respondent. (Docket Nos. V-13631/10, V-13688/10)

DECISION & ORDER ON MOTION

Appeal by Diana M. Viana from an order of the Family Court, Suffolk County, dated November 30, 2010. By order to show cause dated March 16, 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 a scheduling order dated January 28, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, 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 May 11, 2011, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof, the date by which the transcript is expected, and the name(s) of the transcription service(s) transcribing the transcript; and it is further,

ORDERED that if the appellant fails to comply with the foregoing provision, the appeal shall be dismissed.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court