Appellate Division: Second Judicial Department

M161737

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-04542, 2013-04643 In the Matter of Tanya Boyd, respondent, v Kenneth Binns, appellant. (Docket No. F-10682-07/12C)

DECISION & ORDER ON MOTION

Appeals by Kenneth Binns from two orders of the Family Court, Kings County, both dated November 30, 2012. By order to show cause dated July 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated June 3, 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 appeals is denied; and it is further,

ORDERED that on or before October 7, 2013, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating 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 October 7, 2013, as set forth above, the Court will dismiss the appeals, without further notice.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court