Appellate Division: Second Judicial Department

M256111

E/mm

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-07562 Alicia M. Smith, respondent, v Dale L. Smith, appellant. (Index No. 53925/11)

DECISION & ORDER ON MOTION

Appeal by Dale L. Smith from a judgment of the Supreme Court, Kings County, dated March 27, 2018. By order to show cause dated August 21, 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 action for failure to comply with a scheduling order dated July 10, 2018.

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 § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or

(3) 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; 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 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.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court