Appellate Division: Second Judicial Department

M192538

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-00472 In the Matter of Jillian A. Hargrove, respondent- appellant, v Shawn R. Langenau, appellant-responde (Docket Nos. V-1068-12, V-1069-12)

DECISION & ORDER ON MOTION nt.

Appeal by Shawn R. Langenau and cross appeal by Jillian A. Hargrove from an order of the Family Court, Dutchess County, dated December 10, 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 and/or cross appeal in the above-entitled proceedings for failure to comply with a scheduling order dated February 10, 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 is granted to the extent that the appeal by Jillian A. Hargrove is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 10, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), and the motion is otherwise denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before June 22, 2015, Shawn R. Langenau 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 his 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 his appeal; and it is further,

ORDERED that if Shawn R. Langenau fails to file the affidavit or affirmation on or before June 22, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.