Loewenberg v Dokic
Motion No: 2014-00143
Slip Opinion No: 2014 NY Slip Op 89896(U)
Decided on November 14, 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

M182766

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-00143, 2014-00145

Shira Loewenberg, respondent,

v Sinisa Dokic, appellant.

(Index No. 55/10)

DECISION & ORDER ON MOTION

Appeals by Sinisa Dokic from two orders of the Supreme Court, Queens County, dated April 12, 2013, and August 15, 2013, respectively. By order to show cause dated September 4, 2014, the parties 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 proceeding for failure to comply with a scheduling order dated July 8, 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 appeals is denied; and it is further,

ORDERED that on or before December 14, 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 in the Supreme Court action to be transcribed for the appeals; 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 appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before December 14, 2014, as set forth above, the Court will dismiss the appeals, without further notice.

DILLON, J.P., DICKERSON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.