Appellate Division: Second Judicial Department

M131001

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-07929 In the Matter of Emily Kanterakis, respondent, v Nikolaos E. Kanterakis, appellant. (Docket No. O-4425/11)

DECISION & ORDER ON MOTION

Appeal by Nikolaos E. Kanterakis from an order of the Family Court, Nassau County, dated July 22, 2011. By order to show cause dated November 18, 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 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 on condition that on or before February 21, 2012, the appellant moves for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101, or files an affidavit with the Clerk of this Court that the transcripts of the proceedings have been ordered and the date by which they are expected; and it is further,

ORDERED that in the event the appellant fails to comply with the foregoing provision, the Court, on its own motion, will dismiss the appeal without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court