Appellate Division: Second Judicial Department

M171067

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-10796, 2013-10799 In the Matter of Bryan Pepe, appellant, v Kristin Pepe, respondent. (Proceeding No. 1) In the Matter of Kristin Pepe, respondent, v Bryan Pepe, appellant. (Proceeding No. 2) (Docket Nos. V-1901-13, V-1902-13/13A)

DECISION & ORDER ON MOTION

Appeals by Bryan Pepe from two orders of the Family Court, Rockland County, both dated October 23, 2013. By order to show cause dated January 31, 2014, 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 proceedings for failure to comply with a scheduling order dated December 10, 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 April 16, 2014, the appellant shall file in the office of the Clerk of this Court, an affidavit or affirmation that 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 April 16, 2014, as set forth above, the Court will dismiss the appeals, without further notice.

ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court