Appellate Division: Second Judicial Department

M128190

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-00149 In the Matter of Heather Sacco, respondent, v Stephen P. Sacco, appellant. (Docket No. F-2245/08)

DECISION & ORDER ON MOTION

Appeal by Stephen P. Sacco from an order of the Family Court, Westchester County, dated October 6, 2010. 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 proceeding for failure to comply with a scheduling order dated June 27, 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 with the Clerk of this Court stating that the transcripts have been received, or if they have not been received, the date on which they are expected to 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