Appellate Division: Second Judicial Department

M148094

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-03990 In the Matter of Jose Garcia, appellant, v Administration for Children's Services, respondent. (Docket No. V-6056-12)

DECISION & ORDER ON MOTION

Appeal by Jose Garcia from an order of the Family Court, Kings County, dated February 29, 2012. By order to show cause dated November 8, 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 August 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 January 14, 2013, 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 the transcript was ordered and paid for, and the date by which the transcript is expected; it is further,

ORDERED that in the event the appellant fails to provide the above information on or before January 14, 2013, the Court, on its own motion, will dismiss the appeal without further notice.

SKELOS, J.P., DILLON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court