Appellate Division: Second Judicial Department

M241715

E/ct

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2017-05387, 2017-07777 In the Matter of Zhuo Hong Zheng, respondent, v Hsin Cheng, appellant. (Docket Nos. F-14026-11, F-14026-11/15E)

DECISION & ORDER ON MOTION

Appeals by Hsin Cheng from two orders of the Family Court, Kings County, dated April 3, 2017, and July 12, 2017, respectively. By order to show cause dated September 29, 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 from the order dated April 3, 2017, for failure to comply with a decision and order on motion of this Court dated August 15, 2017, as amended September 25, 2017. By separate order to show cause dated September 29, 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 from the order dated July 12, 2017, for failure to comply with a scheduling order dated August 21, 2017. Motion by the appellant to consolidate the appeals.

Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions to dismiss the appeals are denied; and it is further,

ORDERED that the appellant's motion is granted and the appeals are consolidated; 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 of 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 appeals; 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 appeals; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days of the date of this decision and order on motion, as set forth above, the Court will dismiss the appeals, without further notice.

AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court