Matter of Bouie v Joseph
Motion No: 2010-06017
Slip Opinion No: 2011 NY Slip Op 71599(U)
Decided on May 3, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117283

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-06017

In the Matter of Shirley J. Bouie, respondent,

v Christopher M. Joseph, appellant.

(Docket No. F-01251-99)

DECISION & ORDER ON MOTION

Appeal by Christopher M. Joseph from an order of the Family Court, Queens County, dated May 7, 2010. By order to show cause dated March 17, 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 as abandoned.

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 June 3, 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 service providing the transcript services, and the date by which the transcript is expected; and it is further,

ORDERED that if the appellant fails to file an affidavit or affirmation in accordance with the foregoing provision the appeal shall be dismissed.

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court