Appellate Division: Second Judicial Department

M259928

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-12026 In the Matter of Scott Mitchell Unger, appellant, v Koren Ha, respondent. (Proceeding No. 1) In the Matter of Koren Ha, respondent, v Scott Mitchell Unger, appellant. (Proceeding No. 2) (Docket Nos. F-2428-17, F-4441-16)

DECISION & ORDER ON MOTION

Appeal by Scott Mitchell Unger from an order of the Family Court, Nassau County, dated October 23, 2017. By order to show cause dated December 17, 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 April 26, 2018, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]).

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 the decision and order on motion 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 within 30 days after the date of the decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court