Appellate Division: Second Judicial Department

M140537

E/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-04264 In the Matter of Dana Stricker, appellant, v John Kassotis, respondent. (Docket Nos. F-7531-09/09A, F-7531-09/09B, F-7531-09/09C, F-7531-09/09D, F-7531-09/09E)

DECISION & ORDER ON MOTION

Motion by the appellant to compel the respondent to provide her with the transcripts in the above-entitled proceedings on an appeal from an order of the Family Court, Westchester County, dated April 4, 2012.

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

ORDERED that the motion 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 August 13, 2012, 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 if none of the actions described in (1), (2), (3), or (4) above 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 to show cause why the appeal should or should not be dismissed.

DILLON, J.P., ANGIOLILLO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court