Appellate Division: Second Judicial Department

M136571

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2012-01185 In the Matter of Carla Felty, appellant-respondent, v James Felty, respondent-appellant. (Docket Nos. V-5667/07, V-5668/07)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Family Court, Orange County, dated December 13, 2011, to be furnished with a copy of the transcript of the minutes of the proceedings, without charge, and to waive the filing fee.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the appellant-respondent shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal and cross appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in the foregoing paragraph has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal and cross appeal to show cause why the appeal should or should not be dismissed.

SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court