Appellate Division: Second Judicial Department

M153162

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2012-10207 In the Matter of Julianna (Anonymous). Peter D. (Anonymous), respondent; Benjamin E. (Anonymous), appellant. (Docket No. A-12766-11)

DECISION & ORDER ON MOTION

Appeal by Benjamin E. from an order of the Family Court, Westchester County, dated October 11, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 5, 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 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 if the appellant fails to file the affidavit or affirmation on or before April 18, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court