Appellate Division: Second Judicial Department

M229414

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-00178 In the Matter of Catherine Diaz, respondent, v Kris Smatkitboriharn, appellant. (Docket No. F-15223-15)

DECISION & ORDER ON MOTION

Appeal by Kris Smatkitboriharn from an order of the Family Court, Queens County, dated November 23, 2016. By order to show cause dated March 8, 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 January 17, 2017, 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]), 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 an affidavit or affirmation stating whether the transcript has been received, and, if the transcript has not been received, stating that the transcript has been ordered and paid for, the date thereof and the date by which the transcript is expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court