Appellate Division: Second Judicial Department

M192230

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-07636 In the Matter of Rosaelia Rodriguez, appellant, v Juan J. Huapaya, respondent. (Proceeding Nos. 1, 2) In the Matter of Juan J. Huapaya, respondent, v Rosaelia Rodriguez, appellant. (Proceeding Nos. 3, 4) (Docket Nos. V-20935-11/12C, V-25815-11/12C, V-20935-11/12D, V-25815-11/12D)

DECISION & ORDER ON MOTION

Appeal by Rosaelia Rodriguez from an order of the Family Court, Queens County, dated June 30, 2014. By order to show cause dated April 9, 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 proceedings for failure to comply with a scheduling order dated February 4, 2015, 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 June 15, 2015, the appellant shall file in the office of the Clerk of the Court an affidavit or affirmation stating that the transcript was paid for, the date thereof, and the date by which the transcript was expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before June 15, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court