Matter of Barclay v Hutchinson
Motion No: 2014-00596
Slip Opinion No: 2014 NY Slip Op 72802(U)
Decided on May 21, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174429

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-00596

In the Matter of Gloria W. Barclay, respon

v Stephen W. Hutchinson, appellant.

(Docket No. F-38441-09/10B)

DECISION & ORDER ON MOTION

dent,

Appeal by Stephen W. Hutchinson from an order of the Family Court, Kings County, dated October 8, 2013. By order to show cause dated March 27, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 6, 2014, 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 June 20, 2014, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before June 20, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.