Appellate Division: Second Judicial Department

M162945

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-05996 In the Matter of Quinton Waters, appellant, v Sherri Mitchell, respondent. (Docket No. F-21523-11/11A)

DECISION & ORDER ON MOTION

Appeal by Quinton Waters from an order of the Family Court, Kings County, dated May 2, 2013. By order to show cause dated August 2, 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 June 13, 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 October 28, 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 October 28, 2013, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court