Appellate Division: Second Judicial Department

M265914

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-06148 In the Matter of Larry Mayo, appellant, v Tanya S. Brown, respondent. (Docket Nos. V-402-18, V-1772-18)

DECISION & ORDER ON MOTION

Appeal by Larry Mayo from an order of the Family Court, Queens County, dated April 15, 2019. By order to show cause dated August 6, 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 June 6, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

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 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 has been received and indicating the date that it was received, or, 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 move for a reconstruction hearing with respect to any proceedings for which the audiotape is inaudible; and it is further,

ORDERED that if the appellant fails to comply with the foregoing paragraph, the Court will dismiss the appeal, without further notice.

DILLON, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court