Appellate Division: Second Judicial Department

M227572

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2016-09257 In the Matter of Dwayne Telford Serrao, appellant, v Claudine Christine Grant, respondent. (Docket No. F-3730-09/15H)

DECISION & ORDER ON MOTION

Appeal by Dwayne Telford Serrao from an order of the Family Court, Kings County, dated July 2016. By order to show cause dated January 23, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated September 19, 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]), on or before March 24, 2017, the appellant shall file in the office of the Clerk of this Court written proof that the transcript has been ordered and paid for, and an affidavit or affirmation stating the date by which the transcript is expected; and it is further,

ORDERED that if the appellant fails to file the written proof and the affidavit or affirmation on or before March 24, 2017, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court