Appellate Division: Second Judicial Department

M142891

E/sl

WILLIAM F. MASTRO, A.P.J.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-05391 In the Matter of Jennifer A. Pope, respondent v Matthew H. Pope, appellant. (Docket No. O-1396/12)

DECISION & ORDER ON MOTION

Appeal by Matthew H. Pope from an order of the Family Court, Suffolk County, dated April 30, 2012. By order to show cause dated July 31, 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 June 18, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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 (see 22 NYCRR 670[a]), on or before October 1, 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 the appellant shall withdraw the appeal; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before October 1, 2012, or fails to withdraw the appeal, the Court, on its own motion, will dismiss the appeal without further notice.

MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court