Appellate Division: Second Judicial Department

M128191

S/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-05554 Meredith Walker Tsui, respondent, v John Fong Tsui, appellant. (Index No. 07-11778)

DECISION & ORDER ON MOTION

Appeal by John Fong Tsui from an order of the Supreme Court, Westchester County, dated April 29, 2011. By order to show cause dated September 12, 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 action for failure to comply with a scheduling order dated June 29 , 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 November 28, 2011, the appellant shall file an affidavit or affirmation with the Clerk of this Court stating the expected date that the transcripts will be completed; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before November 28, 2011, the Court, on its own motion, will dismiss the appeal without further notice.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court