Appellate Division: Second Judicial Department

M198168

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2015-04076 In the Matter of Brian Franklyn, appellant, v Takkemia Thompson, respondent. (Docket No. F-5305-11/14C)

DECISION & ORDER ON MOTION

Appeal by Brian Franklyn from an order of the Family Court, Kings County, dated March 31, 2015. By order to show cause dated July 15, 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 May 20, 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 October 15, 2015, the appellant shall file in the office of the Clerk of this Court one of the following:

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is 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 October 15, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, 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.