Matter of Lally v Aebly
Motion No: 2016-06000
Slip Opinion No: 2017 NY Slip Op 60035(U)
Decided on January 3, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223791

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-06000

In the Matter of Regan U. Lally, appellant,

v Richard E. Aebly, respondent.

(Docket No. F-4948-12/15G, 16H)

DECISION & ORDER ON MOTION

Appeal by Regan U. Lally from an order of the Family Court, Nassau County, dated May 5, 2016. By order to show cause dated November 15, 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 decision and order on motion of this Court dated September 15, 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to comply with the decision and order on motion of this Court dated September 15, 2016, is extended and within 30 days after the date of this decision and order on motion, the appellant shall 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 proceedings 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; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been

taken within 30 days of the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.