Appellate Division: Second Judicial Department

M185826

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-08389 In the Matter of Daniston Swaby, respondent, v Sandra Fuentes, appellant. (Docket No. F-9540-00/13H)

DECISION & ORDER ON MOTION

Appeal by Sandra Fuentes from an order of the Family Court, Kings County, dated July 1, 2014. By order to show cause dated November 17, 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 September 24, 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 February 17, 2015, the appellant shall file in the office of the Clerk of the Court an affidavit or affirmation stating that the transcript was ordered and paid for, the date thereof, 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 February 17, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court