Appellate Division: Second Judicial Department

M217164

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2016-02656 In the Matter of Jestine G. Roper, appellant, v Letitia Sanchez, respondent. (Docket Nos. V-2556-10, V-29567-10)

DECISION & ORDER ON MOTION

Appeal by Jestine G. Roper from an order of the Family Court, Kings County, dated June 25, 2016. By decision and order on motion of this Court dated June 22, 2016, the time to comply with a scheduling order of this Court dated March 29, 2016, was extended until July 22, 2016, and on or before that date, the appellant was directed to file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) 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; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order of this Court dated March 29, 2016 (see 22 NYCRR 670.4[a][2],[4]).

BALKIN, J.P., AUSTIN, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court