| Nieto v Nieto |
| Motion No: 2018-07258 |
| Slip Opinion No: 2019 NY Slip Op 62558(U) |
| Decided on February 7, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M259982
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2018-07258 Denise Nieto, respondent, v Miguel Nieto, appellant. (Index No. 203160/15)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated February 8, 2018, on the original papers.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is it is
ORDERED that the motion is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the parties' briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); 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 of 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 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 of 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., ROMAN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court