Appellate Division: Second Judicial Department

M129539

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2011-06440 In the Matter of Subhashini Gowda, respondent, v Venkat Reddy, appellant. (Docket No. F-10591-09/09A)

DECISION & ORDER ON MOTION

Appeal by Venkat Reddy from an order of the Family Court, Suffolk County, dated May 16, 2011. By order to show cause dated September 27, 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 August 10, 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 December 30, 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, and the date by which the transcript is expected to be completed; and it is further,

ORDERED that in the event that the appellant does not file the affidavit or affirmation as directed above the appeal shall be dismissed on the Court's own motion without further notice.

DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court