Appellate Division: Second Judicial Department

M232228

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2016-11212 In the Matter of Anali L. Vela, respondent, v Ronald Land-Wheatley, appellant. (Docket No. F-3639-14)

DECISION & ORDER ON MOTION

Appeal by Ronald Land-Wheatley from an order of the Family Court, Nassau County, dated June 8, 2016. By order to show cause dated April 18, 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 February 27, 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)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), the appellant shall file in the office of the Clerk of the Court, within 30 days after the date of this decision and order on motion an affidavit or affirmation stating that the transcript was received and indicating the date that it was received, or, if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was 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.

CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court