Appellate Division: Second Judicial Department

M268926

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-11004 In the Matter of David Louis, respondent, v Katiana Joseph, appellant. (Docket Nos. V-32118-16, V-06713-17)

DECISION & ORDER ON MOTION

Appeal by Katiana Joseph from an order of the Family Court, Kings County, dated August 21, 2019. By order to show cause dated December 9, 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 proceedings for failure to comply with a scheduling order dated October 24, 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 within 30 days after the date of the decision and order on motion the appellant shall file with 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; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of the decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.

BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court