Appellate Division: Second Judicial Department

M264623

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2019-03350 Gary Goldman, respondent, v Elena Ambramova-Goldman, appellant. (Index No. 11641/15)

DECISION & ORDER ON MOTION

Appeal by Elena Ambramova-Goldman from an order of the Supreme Court, Queens County, dated March 4, 2019. By order to show cause dated June 19, 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 action for failure to comply with a scheduling order dated May 3, 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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), on or before August 21, 2019, 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 Supreme 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 August 21, 2019, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court