Appellate Division: Second Judicial Department

M119427

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2011-00379, 2011-00380 In the Matter of Anne Kaplan-Bikofsky, appellant, v Steven Bikofsky, respondent. (Docket Nos. F-10590/09, 13139/09)

DECISION & ORDER ON MOTION

Appeals by Anne Kaplan-Bikofsky from two orders of the Family Court, Westchester County, dated September 15, 2010, and November 15, 2010, respectively. 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 appeals 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 appeals 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 documentary proof that the transcript has been paid for, and an affidavit or affirmation stating the date by which the transcript is expected; and it is further,

ORDERED that if the appellant fails to file the documentary proof and the affidavit or affirmation in accordance with the foregoing provision the appeals will be dismissed.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court