Appellate Division: Second Judicial Department

M167023

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08614 In the Matter of Kristen Muller, respondent, v Larry Sherman, appellant. (Proceeding No. 1) In the Matter of Larry Sherman, appellant, v Kristen Muller, respondent. (Proceeding No. 2) (Docket Nos. V-6597-10/11C, V-6597-10/10A)

DECISION & ORDER ON MOTION

Appeal by Larry Sherman from an order of the Family Court, Dutchess County, dated August 5, 2013. By order to show cause dated November 20, 2013, the parties or their attorneys are 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 October 1, 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 January 21, 2014, 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 January 18, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court