Appellate Division: Second Judicial Department

M262271

E/mm

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2019-00002 In the Matter of Frances O'Sullivan, respondent, v Lawrence Turner, appellant. (Docket No. F-13900-06/18U)

DECISION & ORDER ON MOTION

Appeal by Lawrence Turner from an order of the Family Court, Westchester County, dated November 27, 2018. By order to show cause dated March 13, 2019, 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 January 8, 2019, issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]).

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 the time to respond to the scheduling order dated January 8, 2019, is extended until May 28, 2019, and on or before that date 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 are no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is 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 on or before May 28, 2019, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court