Appellate Division: Second Judicial Department

M258229

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-09617 Stacy A. Rosenblatt, respondent, v James David Ritter, appellant. (Index No. 203290/02)

DECISION & ORDER ON MOTION

Appeal by James David Ritter from an order of the Supreme Court, Nassau County, dated May 16, 2018. By order to show cause dated October 16, 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 August 23, 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 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 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, stating 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 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.

BALKIN, J.P., AUSTIN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court