Appellate Division: Second Judicial Department

M266513

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-05737 In the Matter of Aileen T. Smisek, appellant, v Michael V. DeSantis, respondent. (Docket Nos. V-10210-17, V-10211-17)

DECISION & ORDER ON MOTION

Appeal by Aileen T. Smisek from a final order for custody and parenting of the Family Court, Nassau County, dated April 2, 2019. By order to show cause dated October 14, 2016, 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 5, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pursuant to CPLR 5520(c) to correct the date description of the notice of appeal to specify that the appellant appeals from a decision and order on motion dated March 29, 2019, and an order on motion #11 dated April 2, 2019.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion 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, with respect to the final order for custody and parenting of the Family Court, Nassau County, dated April 2, 2019, 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 within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court