Appellate Division: Second Judicial Department

M211125

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-01150 In the Matter of Zenobia A. B. (Anonymous). Administration for Children's Services, petitioner-respondent; Abdul H. B. (Anonymous), respondent-appellant. (Docket No. N-7222-14)

DECISION & ORDER ON MOTION

Appeal by Abdul H. B. from an order of the Family Court, Kings County, dated December 21, 2015. By order to show cause dated March 30, 2016, 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 February 16, 2016, 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 June 8, 2016, the respondent-appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received, or, if the transcript has not been received, an affidavit or affirmation that the transcript has been ordered and paid for, the date thereof and the date by which the transcript is expected; and it is further,

ORDERED that if the respondent-appellant fails to file the affidavit or affirmation on or before June 8, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court