Appellate Division: Second Judicial Department

M156555

E/nl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2013-01652 In the Matter of Trudy Ennis, appellant, v Ralph D. Pina, respondent. (Docket Nos. V-8401-08/12F, V-8401-08/12H, V-8402-08/12F, V-8402-08/12H)

DECISION & ORDER ON MOTION

Appeal by Trudy Ennis from an order of the Family Court, Suffolk County, dated January 4, 2013. By order to show cause dated April 12, 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 proceedings for failure to comply with a scheduling order dated February 25, 2013, 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 June 19, 2013, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating the date when the transcript was ordered and paid for, 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 June 19, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court