Matter of Hung Ling Fu v Wilson
Motion No: 2017-05629
Slip Opinion No: 2017 NY Slip Op 91523(U)
Decided on November 3, 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

M240718

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-05629

In the Matter of Hung Ling Fu, respondent,

v Andre Wilson, appellant.

(Docket No. F-20252-16/16B)

DECISION & ORDER ON MOTION

Appeal by Andre Wilson from an order of the Family Court, Queens County, dated April 11, 2017. By order to show cause dated August 21, 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 June 1, 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 no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated June 1, 2017, 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 proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation 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, the Court will dismiss the appeal, without further notice.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.