Appellate Division: Second Judicial Department

M212370

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-01586 In the Matter of Michael T. McDonald, appellant, v Taisha Mason, respondent. (Docket Nos. V-11814-13/13A, V-11814-13/15B)

DECISION & ORDER ON MOTION

Appeal by Michael T. McDonald from an order of the Family Court, Nassau County, dated February 17, 2015. By order to show cause dated April 19, 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 proceedings for failure to comply with a scheduling order dated March 9, 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 30, 2016, the appellant shall file in the office of the Clerk of the Court an affidavit or affirmation that the transcript was received, and indicating the date that it was received or, if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before June 30, 2016, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court