Appellate Division: Second Judicial Department

M254055

E/mmALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-05560 In the Matter of Susan Demelfi, appellant, v Cornelius C. Fliedner, respondent. (Docket Nos. V-00197-17, V-05400-17, O-04740-16/17F, O-00104-17)

DECISION & ORDER ON MOTION

Appeal by Susan Demelfi from an order of the Family Court, Suffolk County, dated April 17, 2018. By order to show cause dated July 3, 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 proceedings for failure to comply with a scheduling order dated May 22, 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 15 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received and indicating the date that it was received, or, 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; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 15 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., MILLER, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court