Appellate Division: Second Judicial Department

M158793

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-04200 In the Matter of Timothy W. McVey, appellant, v Katherine J. Barnett, respondent. (Docket No. F-2910-12)

DECISION & ORDER ON MOTION

Appeal by Timothy W. McVey from an order of the Family Court, Orange County, dated March 11, 2013. By order to show cause dated June 4, 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 April 23, 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 on or before August 5, 2013, the appellant shall serve and file 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 comply with this decision and order on motion the Court will dismiss the appeal, without further notice.

MASTRO, J.P., AUSTIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court