Appellate Division: Second Judicial Department

M164743

W/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-06547 In the Matter of Joseph I. (Anonymous). Administration for Children's Services, petitioner-respondent; Mikhail I. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Eva I. (Anonymous). Administration for Children's Services, petitioner-respondent; Mikhail I. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-2503-12, N-2504-12)

DECISION & ORDER ON MOTION

Appeal by Mikhail I. from an order of the Family Court, Queens County, dated May 20, 2013. By order to show cause dated September 19, 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 July 5, 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 December 4, 2013, the appellant shall file in the office of the Clerk of this Court 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 December 4, 2013, as set forth above, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court