Appellate Division: Second Judicial Department

M183371

E/sl

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-06685 In the Matter of Jenny Nakas, respondent, v Mehmet Nakas, appellant. (Docket Nos. F-16790-12, F-17045/12)

DECISION & ORDER ON MOTION

Appeal by Mehmet Nakas from an order of the Family Court, Queens County, dated May 27, 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 proceedings 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 the appellant's time to comply with the scheduling order dated August 1, 2014, is extended until December 29, 2014, and or before that date, 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 December 29, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court