Appellate Division: Second Judicial Department

M205397

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2015-09396 In the Matter of Shiran Barmoha, respondent, v Roman Eisayev, appellant. (Docket No. F-25125-13)

DECISION & ORDER ON MOTION

Appeal by Roman Eisayev from an order of the Family Court, Kings County, dated August 10, 2015. By order to show cause dated December 10, 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 23, 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 February 26, 2016, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been paid for, the date thereof, and the date by which the transcript is expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before February 26, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court