Matter of Thomas-James v James
Motion No: 2014-05853
Slip Opinion No: 2015 NY Slip Op 63697(U)
Decided on February 11, 2015
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

M187292

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2014-05853

In the Matter of Zeniph Thomas-James,

respondent, v Caanan James, appellant.

(Docket No. O-19044-13)

DECISION & ORDER ON MOTION

Appeal by Caanan James from an order of the Family Court, Suffolk County, dated May 5, 2014. By order to show cause dated December 3, 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 June 30, 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 March 13, 2015, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been 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 March 13, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court