Appellate Division: Second Judicial Department

M204075

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-08915 In the Matter of Dorothy Costello, respondent, v Paul Costello, appellant. (Docket No. F-2397-13/14B)

DECISION & ORDER ON MOTION

Appeal by Paul Costello from an order of the Family Court, Richmond County, dated August 7, 2015. By order to show cause dated November 17, 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 1, 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 January 22, 2016, the appellant shall file in the office of the Clerk of this Court an affirmation or affidavit stating that the minutes of the proceedings have been ordered and paid for and when the appellant expects to receive the minutes; and it is further,

ORDERED that if the appellant fails to file an affirmation or affidavit in compliance with this decision and order on motion the appeal will be dismissed without further notice.

DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court