Appellate Division: Second Judicial Department

M251689

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-03230 In the Matter of Williemae Frye, appellant- respondent, v Ryan Lowery, respondent- appellant, et al., respondent. (Docket No. V-1286-17)

DECISION & ORDER ON MOTION

Appeal by Williemae Frye, and cross appeal by Ryan Lowery, from an order of the Family Court, Dutchess County, dated March 12, 2018. By order to show cause dated May 18, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 6, 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 cross 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 decision and order on motion, Ryan Lowery 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 and cross 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 cross appeal; and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court