Appellate Division: Second Judicial Department

M227208

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY, JJ.

2016-12416, 2016-12419 In the Matter of Tani J. Magliocco, respondent, v Ambrose A. Magliocco, appellant. (Docket No. F-4329-14/15E)

DECISION & ORDER ON MOTION

Appeals by Ambrose A. Magliocco from two orders of the Family Court, Nassau County, dated October 17, 2016, and October 18, 2016, respectively. By order to show cause dated January 10, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated October 17, 2016, in the above-entitled proceeding on the ground that the portion of that order which determined that the appellant was in willful violation of a prior order has no force and effect until that portion of the order is confirmed by a judge of the Family Court, and the portion of the order which directed that the appellant pay arrears in the sum of $26,415.40 plus interest is not appealable before objections to that portion of the order have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated October 17, 2016, is granted, and the appeal from the order dated October 17, 2016, is dismissed, without costs or disbursements (see Family Ct Act § 439[a], [e]); and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the order dated October 18, 2016, in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, 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 from the order dated October 18, 2016; 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 from the order dated October 18, 2016; 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal from the order dated October 18, 2016, should or should not be dismissed.

DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.