Appellate Division: Second Judicial Department

M257095

E/mm

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-08395 In the Matter of Leonna Sylvester, respondent, v Jason Goffee, appellant. (Docket No. U-7134-16)

DECISION & ORDER ON MOTION

Appeal by Jason Goffee from an order of the Family Court, Nassau County, dated June 6, 2018. By order to show cause dated September 25, 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 August 2, 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]), the appellant shall file one of the following in the office of the Clerk of the Court, within 30 days after the date of this decision and order on motion:

(1) an affidavit or affirmation stating that there were no minutes of the Family 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) if the appellant was indigent and could not 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, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if the appellant fails to take any of the actions set forth in (1), (2), (3), (4), or (5) 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., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court