Appellate Division: Second Judicial Department

M204253

E/mv

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-01323 In the Matter of Elena Svenson, respondent, v Michael Krichevsky, appellant. (Docket No. F-28901-08/13F)

DECISION & ORDER ON MOTION

Appeal by Michael Krichevsky from an order of the Family Court, Kings County, dated January 8, 2015. By order to show cause dated November 20, 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 October 6, 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before February 5, 2016, 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 proceeding 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a renewed motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, including the market value of real property owned by the appellant located at 4219 Atlantic Avenue, Brooklyn, N.Y., 4221 Atlantic Avenue, Brooklyn, N.Y., and 120 Ocean Drive West, Brooklyn, N.Y., and the value of any liens or mortgages encumbering the premises, as well as any and all sources of income and expenses; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before February 5, 2016, the Court will dismiss the appeal, without further notice.

HALL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.