Appellate Division: Second Judicial Department

M185792

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-08346 In the Matter of Arthur Strugatch, appellant, v Tami Strugatch, respondent. (Docket Nos. V-2162-13, V-2163-13)

DECISION & ORDER ON MOTION

Appeal by Arthur Strugatch from an order of the Family Court, Westchester County, dated July 22, 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 proceedings 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 either comply with the scheduling order dated September 24, 2014, or move for poor person relief and the assignment of counsel; and it is further,

ORDERED that if the appellant fails to comply with the scheduling order dated September 24, 2014, or move for poor person relief and the assignment of counsel 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