Appellate Division: Second Judicial Department

M239298

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2017-06649 Michelle Levitin, respondent, v Joshua Levitin, appellant. (Index No. 55426/11)

DECISION & ORDER ON MOTION

Appeal by Joshua Levitin from a judgment of the Supreme Court, Queens County, entered May 10, 2017. By order to show cause dated August 24, 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 July 11, 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 scheduling order, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the minutes of the in camera proceedings have been transcribed, or if the minutes have not been transcribed, an affidavit or affirmation 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 scheduling order, as set forth above, the Court will dismiss the appeal, without further notice.

RIVERA, J.P., HALL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court