Appellate Division: Second Judicial Department

M252331

E/rr

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-04065 In the Matter of Joan E. LaCasse, respondent, v Donald J. Kennedy, appellant. (Docket No. O-1855-17)

DECISION & ORDER ON MOTION

Appeal by Donald J. Kennedy from an order of the Family Court, Dutchess County, dated March 5, 2018. By order to show cause dated May 29, 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 scheduling order dated April 16, 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)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), on or before August 13, 2018, the appellant shall file in the office of the Clerk of the Court an affidavit or affirmation stating that the transcript was received and indicating the date that it was received, or, if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before August 13, 2018, 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