Appellate Division: Second Judicial Department

M130386

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-06963 In the Matter of Marcia Mack, respondent, v Tony Perez, appellant. (Docket No. F-8748/02)

DECISION & ORDER ON MOTION

Appeal by Tony Perez from an order of the Family Court, Kings County, dated July 6, 2011. By order to show cause dated November 10, 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 September 26, 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, and upon the appellant's motion and no papers having been filed in opposition or in relation 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 January 17, 2012, 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; and it is further,

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

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court