Appellate Division: Second Judicial Department

M139024

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-01634 In the Matter of Joanna M. Pepitone, respondent, v James J. Oliveira, Jr., appellant. (Docket Nos. V-10478-05/11F, V-10478-05/11G)

DECISION & ORDER ON MOTION

Appeal by James J. Oliveira, Jr., from an order of the Family Court, Suffolk County, dated December 20, 2011. 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 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, 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