Appellate Division: Second Judicial Department

M188620

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-10749 In the Matter of Tyrone Cato, appellant, v Pamela Cato, respondent. (Docket No. F-16395-13/14A)

DECISION & ORDER ON MOTION

Appeal by Tyrone Cato from an order of the Family Court, Kings County, dated October 22, 2014. By order to show cause dated January 26, 2015, 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 December 9, 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 April 6, 2015, the appellant shall file one of the following in the office of the Clerk of the Court:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was 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 April 6, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court