Appellate Division: Second Judicial Department

M229913

E/ct

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-11840 In the Matter of Adam Gonzalez, appellant, v Rachel D. Santiago, respondent. (Docket No. F-1539-13/15A)

DECISION & ORDER ON MOTION

Appeal by Adam Gonzalez from an order of the Family Court, Orange County, dated September 28, 2016. By order to show cause dated March 16, 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 decision and order on motion of this Court dated February 3, 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 of the rules of this Court (22 NYCRR 670.4[a]), on or before May 25, 2017, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received, or 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; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before May 25, 2017, as set forth above, the Court will dismiss the appeal, without further notice.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court