Appellate Division: Second Judicial Department

M149965

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08713 In the Matter of Patrice Miloslau, respondent, v Michael Miloslau, appellant. (Docket No. O-494-12)

DECISION & ORDER ON MOTION

Appeal by Michael Miloslau from an order of the Family Court, Putnam County, dated July 18, 2012. By order to show cause dated December 5, 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 October 4, 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 February 25, 2013, 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 to be completed; and it is further,

ORDERED that in the event the appellant fails to provide the above information on or before February 25, 2013, the Court, on its own motion, will dismiss the appeal without further notice.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court