Appellate Division: Second Judicial Department

M132139

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-09676 In the Matter of Mayra Carolina Rois-Mendez, respondent, v Wandy A. Leonardo, appellant. (Docket No. U-12440/09)

DECISION & ORDER ON MOTION

Appeal by Wandy A. Leonardo from an order of the Family Court, Nassau County, dated September 27, 2011. By order to show cause dated December 20, 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 October 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 pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), on or before February 24, 2012, the appellant shall file an affidavit or affirmation in the office of the Clerk of the Court stating that the transcript was ordered and paid for, and the date thereof and the date by which the transcript is expected; and it is further,

ORDERED that in the event the appellant fails to provide an affidavit or an affirmation in accordance with this decision and order on motion, the Court, on its own motion, will dismiss the appeal without further notice.

RIVERA, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court