Matter of Lampitt v Lampitt
Motion No: 2012-00888
Slip Opinion No: 2012 NY Slip Op 71822(U)
Decided on May 1, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M136944

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-00888

In the Matter of Stephanie Lampitt, respondent,

v Joanne Lampitt, et al., appellants.

(Docket No. V-1016-02/11C)

DECISION & ORDER ON MOTION

Appeal by Joanne Lampitt and Steven Lampitt from an order of the Family Court, Suffolk County, dated December 19, 2011. By order to show cause dated March 23, 2012, 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 February 8, 2012, 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) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, the appellant 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; 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 in the event the appellant fails to provide the affidavit or affirmation in accordance with the foregoing decretal paragraph, the Court, on its own motion, will dismiss the appeal without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court