Appellate Division: Second Judicial Department

M139026

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-01739 In the Matter of Karen Knight, appellant, v Charles Louis Knight III, respondent. (Docket Nos. V-3391-11/11A, V-3392-11/11A)

DECISION & ORDER ON MOTION

Appeal by Karen Knight from an order of the Family Court, Suffolk County, dated January 20, 2012. By order to show cause dated April 25, 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 March 14, 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]), on or before July 5, 2012, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been paid for, the date thereof, and the date by which the transcript is expected or withdraw the appeal; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before July 5, 2012, or fails to withdraw the appeal, the Court, on its own motion, will dismiss the appeal without further notice.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court