Appellate Division: Second Judicial Department

M263009

E/mm

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2019-01558 In the Matter of Andre Spindler, et al., appellants, v Michael H. Blauman, et al., respondents. (Docket No. V-04979-18)

DECISION & ORDER ON MOTION

Appeal by Andre Spindler and Tina J. Blauman-Spindler from an order of the Family Court, Nassau County, dated January 9, 2019. By order to show cause dated April 11, 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 February 25, 2019, 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 on or before June 24, 2019, the appellants 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 appellants fail to file the affidavit or affirmation on or before June 24, 2019, as set forth above, the Court will dismiss the appeal, without further notice.

SCHEINKMAN, P.J., DILLON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court