Appellate Division: Second Judicial Department

M238638

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-01559 In the Matter of Frances Bishop, respondent, v Cleland Stanton, appellant. (Docket No. F-13828-15)

DECISION & ORDER ON MOTION

Appeal by Cleland Stanton from an order of the Family Court, Kings County, dated January 9, 2017. By order to show cause dated August 9, 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 March 2, 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]), on or before November 2, 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, 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 November 2, 2017, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court