Matter of Maltese-Crowe v Crowe
Motion No: 2016-12504
Slip Opinion No: 2017 NY Slip Op 82913(U)
Decided on August 15, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M236097

E/afa

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

LINDA CHRISTOPHER, JJ.

2016-12504

In the Matter of Mary Ann Maltese-Crowe,

respondent, v Michael D. Crowe, appellant.

(Docket Nos. F-17072-13/15B, F-17072-13/15C)

DECISION & ORDER ON MOTION

Appeal by Michael D. Crowe from an order of the Family Court, Suffolk County, dated October 31, 2016. By order to show cause dated May 11, 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 proceedings for failure to comply with a decision and order on motion of this Court dated March 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 of the rules of this Court (22 NYCRR 670.4[a]), the appellant's time to comply with the scheduling order of this Court dated December 20, 2016, is extended, and 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 one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating 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; 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., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court