Appellate Division: Second Judicial Department

M122739

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-03052 In the Matter of Mark Albert, respondent, v Allison Albert, appellant. (Docket No. F-11524-06/10P)

DECISION & ORDER ON MOTION

Appeal by Allison Albert from an order of the Family Court, Nassau County, dated February 16, 2011. By order to show cause dated June 6, 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 April 13, 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 pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), on or before August 22, 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 it is expected, and the name of the transcription service; and it is further,

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

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

ENTER:

Matthew G. Kiernan

Clerk of the Court