Matter of Madmoni v Madmoni
Motion No: 2017-08292
Slip Opinion No: 2018 NY Slip Op 75704(U)
Decided on June 22, 2018
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

M251610

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-08292

In the Matter of Azriel Madmoni, appellant,

v Odelia Madmoni, respondent.

(Docket No. F-356-13/15A)

DECISION & ORDER ON MOTION

Appeal by Azriel Madmoni from an order of the Family Court, Queens County, dated June 26, 2017. By order to show cause dated May 11, 2018, 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 decision and order on motion of this Court dated March 30, 2018, 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 of the rules of this Court (22 NYCRR 670.4[a]), 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 on or before 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.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court