Appellate Division: Second Judicial Department

M252318

E/rr

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2017-10605 In the Matter of Shanica Huggins, appellant, v Yosef Eshel, respondent. (Docket Nos. V-17644-14, V-8785-16)

DECISION & ORDER ON MOTION

Appeal by Shanica Huggins from an order of the Family Court, Kings County, dated August 23, 2017. By order to show cause dated June 7, 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 12, 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(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 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or

(5) 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 of 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., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court