Appellate Division: Second Judicial Department

M153163

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2012-10030, 2012-10031 In the Matter of Alla Ashurilova-Militari, respondent, v George Militari, appellant. (Docket No. O-70005-12)

DECISION & ORDER ON MOTION

Appeals by George Militari from two orders of the Family Court, Suffolk County, both dated September 28, 2012. By order to show cause dated January 24, 2013, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated November 30, 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 April 18, 2013, 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 proceeding to be transcribed for the appeals; 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 appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation as set forth above on or before April 18, 2013, the Court will dismiss the appeals, without further notice.

ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court