Appellate Division: Second Judicial Department

M211331

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-01118 In the Matter of Dale Robert Javino, appellant, v Colleen Elizabeth Byrne, respondent. (Docket No. V-9953-15/15A)

DECISION & ORDER ON MOTION

Appeal by Dale Robert Javino from an order of the Family Court, Suffolk County, dated December 15, 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)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

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 June 10, 2016, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation that the transcript has been received, and indicating the date that it was received, or 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; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before June 10, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., DICKERSON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court