Appellate Division: Second Judicial Department

M156853

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2013-01524 In the Matter of Robert S. New, appellant, v Emma T. Sharma, respondent. (Docket Nos. V-9673-03/10K, V-15598-03/10H)

DECISION & ORDER ON MOTION

Appeal by Robert S. New from an order of the Family Court, Nassau County, dated November 30, 2012. By order to show cause dated April 17, 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 21, 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 24, 2013, the appellant shall file in the office of the Clerk of this Court either (1) an affidavit or affirmation that the transcript has been received, and indicating the date that it was received or (2) if the transcript has not yet been received, 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 June 24, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court