Appellate Division: Second Judicial Department

M143021

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-04228 In the Matter of Susan Deerkoski, respondent, v Jillian Deerkoski, appellant. (Docket No. V-7971/11)

DECISION & ORDER ON MOTION

Appeal by Jillian Deerkoski from an order of the Family Court, Suffolk County, dated April 9, 2012. By order to show cause dated July 2, 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 May 17, 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 October 10, 2012, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof, and the date by which the transcript is expected; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before October 10, 2012, the Court, on its own motion, will dismiss the appeal without further notice.

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court