Appellate Division: Second Judicial Department

M182768

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-06670 In the Matter of Ndeye Niang, respondent, v Sadio Diallo, appellant. (Docket No. O-12998-13)

DECISION & ORDER ON MOTION

Appeal by Sadio Diallo from an order of the Family Court, Kings County, dated May 5, 2014. By order to show cause dated September 23, 2014, the parties 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 August 1, 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 on or before December 15, 2014, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating the date upon which the transcript was paid 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 14, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

CHAMBERS, 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.