Appellate Division: Second Judicial Department

M192216

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-11746 In the Matter of Gil Dragushansky, respondent, v Carmit P. Tacher Auerbuch, appellant. (Docket No. O-783-14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated November 26, 2014, for failure to provide the complete transcripts of the proceedings, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before May 29, 2015, the appellant orders and pays for the remaining transcripts, and advises this Court, in writing, that the transcripts have been ordered and paid for, and the expected date the transcripts will be completed; failure to file the written notice with the Clerk of the Court on or before May 29, 2015, will result in the dismissal of the appeal, without further notice; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until 30 days after service upon him of the remaining transcripts; the appellant shall file an affidavit of service of the remaining transcripts upon the respondent with the Clerk of the Court within five days after service.

RIVERA, J.P., SKELOS, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court